Certainty Flashcards
1
Q
A binding contract requires all material terms to be certain and complete. Only an agreement which is sufficiently certain can be enforced by a court.
To determine whether the parties have reached an agreement on all material terms the court applies an objective test, asking whether, in all the circumstances of the case, the parties have agreed all the terms they considered to be a precondition to creating legal relations (RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Company KG (UK Production [2010] UKSC 14).
If an agreement is incomplete or uncertain, a court may not be able to enforce it.
A
