Certainty and Completeness Flashcards
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Biotechnology Australia Pty Ltd
A term will not be enforceable where the promise is illusory (unfettered promise at promisors discretion), devoid of meaning or uncertain of content
Fitzgerald v Masters
Words may be omitted, supplied or corrected to avoid absurdity
Where no evidence to suggest both parties would not have contracted if the term had not been agreed upon, the term may be severable
Meehan v Jones
Not illusory where parties discretion is fettered by some obligation
Illusoriness principles do not apply to options/conditional contract
Whitlock v Brew
A term may be uncertain where essential terms or means for finding uncertain terms are not specified, making the contract void
Hall v Busst
A certain price or machinery for finding price is essential to a sale of land contract
Sudbrook Trading Estate Ltd v Eggleton
Where price is to be determined by non-specific valuers, the term is non-essential, only agreeing to ascertain a fair price
Where machinery is non-essential and breaks down for any reason, the court may substitute it’s own machinery.
Booker Industries Pty Ltd v Wilson Parking
When a valuer is nominated to fix a price, the promisor is obligated to to what is reasonable in getting that person; or else the court would be able to implement their own machinery
Jones v Padavatton
Intentions to create legal relations may be ascertained by the familial relationship between the parties, and the certainty and completeness of the terms.
Masters v Cameron
Term “subtract to contract” (or similar) creates an overriding condition so what has been agreed upon must be considered a basis for a future contract
Australian Woolen Mills Pty Ltd
Agreements with government of a political nature may arise issues in construction; e.g. here the agreement was a conditional gift, “non-contractual scheme”
