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Contract Law

Contract Law (7th edn)

Mindy Chen-Wishart
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date: 28 September 2022

p. 432. Agreementlocked

p. 432. Agreementlocked

  • Mindy Chen-WishartMindy Chen-WishartDean and Professor in the Law of Contract, Oxford University Law Faculty, Fellow of Merton College, Oxford, and Professor of Law (fractional), National University of Singapore

Abstract

How does contract law determine whether the parties have committed to the contract and what each has committed to? This chapter discusses: the primacy of the objective test of intentions; the offer and acceptance test of agreement and what happens when one party appears to be mistaken about what is in the contract; when an offer is terminated so that any purported acceptance is ineffectual; assessment of the mirror image approach; the requirement of certainty; the nature of the requirement of intention to create legal relations; and the law’s approach to the benefits conferred in anticipation of contracts that do not materialise.

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