Lecture Notes on Law of Contract I

This flashcard set covers key concepts from the lecture notes on the Law of Contract, focusing on certainty of agreements, intention to create legal relations, and various legal principles related to contract formation.

What can cause uncertainty in agreements according to the lecture notes?

Uncertainty can arise when one party contends that a formal agreement is incomplete or when terms are too vague for unambiguous interpretation.

What is the significance of party autonomy in contract law?

Party autonomy refers to the idea that the subjective intention of the parties should be recognized in the enforcement of agreements.

Cite a case that addresses vagueness in agreements.

Hillas v Arcos (1932) 147 LT 503 is an example that addresses vagueness in contracts.

What is a promise to negotiate in good faith?

It refers to the commitment of parties to engage honestly and sincerely in discussions, even if the contract is not yet finalized.

What is the 'Battle of Forms'?

The 'Battle of Forms' refers to disputes that arise when different standard terms are proposed by the parties, often leading to uncertainty regarding which terms govern the contract.

In which case was it established that social/domestic arrangements are typically not treated as contracts?

Balfour v Balfour [1919] 2 KB 571 established that social or domestic arrangements usually do not result in enforceable contracts.

What is meant by 'Implied Agreement' in contract law?

An implied agreement refers to a situation where an agreement is inferred from the actions or circumstances of the parties, rather than explicitly stated.

What must certain contracts have in writing according to the notes?

Certain contracts, especially those for the sale or disposition of an interest in land, must be in writing to be enforceable.

What principle reflects that the law does not usually intervene in domestic arrangements?

The principle is reflected in Atkin, LJ's statement in Balfour v Balfour, indicating courts generally do not interfere in personal or domestic agreements.

What is Consensus ad idem in contract law?

Consensus ad idem is a Latin term meaning 'meeting of the minds', indicating that both parties have a mutual understanding of the terms of the agreement.