Transcript
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.