Certainty/Completeness/Intention

Courts will not enforce a contract if?(2 correct answers)

• It is an oral contract

• There are implied terms

• Essential terms are not agreed

• Its terms are uncertain

What happens to terms that are uncertain?

• The court will ignore

• The clause will be void

• Contract will be void

• They will need to be agreed on

What are agreements to agree?

• The beginning of a contract

• Acceptable terms

• Unenforceable because they are incomplete

• An enforceable part of the contract

Which case deals with a set of conditions for sale where no such conditions existed?

• Fitzgerald v Masters

• Crown Melb v Cosmo Hotel

• Hall v Busst

• Whitlock v Brew

Which case is an example of a link to external standard?

• Biotechnology Aust v Pace

• OXS v Sydney Harbour

• Crown Melb v Cosmo Hotel

• Hillas and Co v Arcos

What happens when terms are severed?

• Contract can be upheld

• Contract will be void

• Terms cannot be severed

• The court gets upset

A waiver of uncertainty means?

• Basis to find contract void for uncertainty can beremoved

• Clause cannot be waived

• The party for whose benefit a clause has been insertedcan waive the benefit of the clause

• A waiver must be added to the contract

Removal of uncertainly refers to?

• Basis to find contract void for uncertainty can be removed

• Basis to remove all terms parties want removed

• Uncertain contracts are void

• Removal of any terms

Incomplete agreements...

• Will not be enforced by the court

• Can be enforced by the court

• just need more essential terms

• Are a special type of contract

If essential terms are agreed the court may imply terms to complete

• True

• False

• depends on the type of contract

• only if the Judge feels like it