Hi, you're listening to the Australian Law Student Law in
Four podcast. Your go to podcast for legal
insights in 4 minutes or less. I'm Nick Hodgkinson and today
we're talking about intention and certainty.
But first our obligatory disclaimer.
The law in four is produced by law students.
Four law students It is not, nor is it intended to constitute
legal advice. If you require legal assistance,
you should contact your local Law Society who can direct you
appropriately. For more information on the
Australian law student, visit ourwebsite@theoslawstudent.com
Right at the heart of every contract lies the intention to
create legal relations, but deciphering intention can be a
labyrinthine endeavour. Let's explore its various facets
in context which were imbued with domestic or social nuances.
Discerning an intent to enter into a legally binding contract
can be challenging. The burden will rest on the
party seeking to prove such intent, as highlighted in
homogeneous and Greek Orthodox community of South Australia.
Conversely, in commercial settings, there's a presumption
that parties intended to create legal relations.
Unless proven otherwise, this presumption is exemplified in
bank Brussels Lamb at SA and Australian national industries.
Government agreements add another layer of complexity.
Whether a transaction is part of a commercial arrangement or
aligns with government policy can impact the intent to create
legal relations. As seen in Australian woollen
mills and Commonwealth. Preliminary agreements as
delineated in Masters and Cameron encompass various
scenarios, each with their own binding implications.
From agreements subject to future formal instruments to
immediately binding contracts with provisions for subsequent
variations, Things become a bit tricky.
Moving now to certainty. In the sale of land, for
instance, the absence of essential terms like price will
render a contract void as established in haul and bust.
Similarly, contracts for the sale of goods necessitate
reasonably implied prices adhering to market standards.
Uncertain terms will pose further challenges for us.
While severable provisions can salvage contracts, as seen in
Council of the upper Hunter County district and Australian
chilling and freezing Courts hesitate to enforce provisions
which are marred by ambiguity or illusory promises, and you can
refer also to Whitlock and Brew. Illusory promises which grant
absolute discretion to one party, undermine the
enforceability of contracts per Biotechnology Australia and
PACE. However, clauses subject to
satisfactory finance or third party determinations can
mitigate this risk. Okay and with that we've
navigated through the labyrinth of intention to create legal
relations and the imperative of certainty.
Join us next time on the Australian Law Student Law in
Four podcast. As always, if you have any
suggestions, please e-mail us at team@theoslostudent.com or leave
a comment in your review on Spotify or Apple Podcasts.