CONTRACT LAW L4 - Offer & Acceptance - CERTAINTY

Question 1

What does a binding contract require all material terms to be? (2)

Answer 1

Certain and complete. Only an agreement which is sufficiently certain can be enforced by a court.

Question 2

What does the case of SCAMMELL V OUSTON 1941 demonstrate?

Answer 2

An example of an incomplete / uncertain agreement would be if it is on hire terms and was too uncertain to be enforced.
The court considered that as there are so many different kind of hire-purchase agreements based on a variety of different terms.
This agreement was too vague to be an enforceable contract.

Question 3

Will the courts look to enforce the agreement reflecting the parties’ intentions when possible? (2)

Answer 3

Yes, for example if the court considered the wording could be given a reasonable meaning and the agreement was binding.

Question 4

When will the courts apply an objective test? (1)

Answer 4

To determine whether parties have reached an agreement on all material terms.