Intention and Certainty

Question 1

In Whitlock v Brew (1968) 118 CLR 445, the lease aspect of the transaction fails due to which reason?

Answer 1

The terms of the lease are incomplete.

Question 2

In Masters v Cameron (1954) 91 CLR 353, what does the High Court of Australia state in relation to binding nature of the ‘third category’ of preliminary agreements?

Answer 2

Where the intention of the parties is not to make a concluded bargain at all, unless and until they execute a formal contract.

Question 3

In Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95, the High Court of Australia wrote which statement in relation to the intention to create legal relations?

Answer 3

‘We doubt the utility of using the language of presumptions in this context.’

Question 4

In Biotechnology Australia v Pace (1988) 15 NSWLR 130, Kirby P approvingly quotes the English case of Hillas & Co Ltd v Arcos [1932] All ER Rep 494, in which Lord Tomlin wrote which of the following phrases in relation to the law?

Answer 4

‘not … the destroyer of bargains’