Enforceable (& Unenforceable) Agreements and Formalities Flashcards
What determines if a contract is enforceable?
Factors include incomplete agreements, intention to create legal relations, conditional agreements, and formalities.
Are agreements to agree enforceable?
No, agreements to agree are not enforceable.
May & Butcher Ltd v The King [1934] 2 KB 17: Parties failed to agree on price – an essential element of the contract.
What is required for a contract to be valid regarding uncertainty?
Agreements must be reasonably definite; vague understandings are unenforceable.
McArthur v Lawson (1877) 4 R 1134.
What does ‘Certum est quod certum redid potest’ mean?
It means ‘What is capable of being made certain is certain’.
What is an example of a term determined by arbitration?
In Foley v Classique Coaches [1934] 2 KB 1, the contract was enforced.
What is the Sale of Goods Act 1979 s.8 about?
It pertains to executed agreements.
What is quantum meruit?
It refers to payment for services rendered.
Wilkie v Scottish Aviation Ltd 1956 SC 198.
What is required for an agreement to create legal obligations?
Both parties must intend to be legally bound.
Are social agreements legally binding?
No, social agreements are generally not legally binding.
Balfour v Balfour [1919] 2KB 571.
Are commercial agreements legally enforceable?
Yes, commercial agreements are generally legally enforceable.
What are the types of conditional agreements?
They include pure obligations, future obligations, suspensive obligations, and resolutive obligations.
What is the general rule regarding writing in contracts?
Writing is not required unless specified.
What are the exceptions to the general rule of writing?
Writing is required for the creation, transfer, variation, or extinction of a real right in land and gratuitous unilateral obligations (except in business).
What is personal bar?
Personal bar binds parties even without a written agreement if certain conditions are met.
