Loading...
Landing in the right class of subject to contract agreements
Spencer, David
Spencer, David
Citations
Altmetric:
Author
Abstract
Cases continue to emanate from the courts that appear to show some ignorance of the requirement to evidence intention in subject to contract agreements. Conversely the cases could evidence a deliberate strategy to leave open the possibility of escaping what was thought, at least by one party, to be a concluded agreement. Often this state of affairs arises as a result of a settlement reached at or after protracted mediation. The cases disclose an apparent lack of clarity by parties, lawyers and mediators as to the status of the parties’ intentions to be bound by an agreement that is subject to the execution of a formal contract. This article will discuss some of the more recent cases that highlight this element of confusion and reinforce the need to clearly state which class of subject to contract agreement the parties have landed in at the conclusion of negotiations.
Keywords
Date
2015
Type
Journal article
Journal
Australasian Dispute Resolution Journal
Book
Volume
26
Issue
2
Page Range
75-85
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Relation URI
DOI
Source URL
Event URL
Open Access Status
License
File Access
Controlled