Chapter

Agreement problems

Jill Poole

in Contract Law Concentrate

Published on behalf of © Jill Poole 2013

Published in print March 2013 | ISBN: 9780199544578
Published online September 2013 | e-ISBN: 9780191763625 | DOI: http://dx.doi.org/10.1093/he/9780199544578.003.0002

Series: Concentrate

Agreement problems

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter focuses on issues which may either prevent the parties from reaching agreement (the terms are not sufficiently certain or there is no agreement because of a mistake). Agreement problems generally impact the agreement by rendering it void. It is necessary, however, to be able to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms, then the courts will not enforce it because they will not construct a binding contract for the parties. A contract may be too uncertain because: it is vague or essential terms are missing and it is therefore incomplete. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement. In other words, there is an appearance of agreement but there is no sufficient matching offer and acceptance in relation to the contract terms (objectively judged).

Keywords: agreement; void contact; contract terms; agreement mistakes

Chapter.  6310 words.  Illustrated.

Subjects: Contract Law ; Study and Revision

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