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Cover Koffman, Macdonald & Atkins' Law of Contract

3. Certainty and formalities  

This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored, as too are the reasons for when contract formalities may be required. There is discussion of electronic signatures in light of the Law Commission Report on Electronic Execution of Documents and the case of Neocleous v Rees.