LawIn4: Intention & Certainty (Contracts)

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.