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When Three Just Isn't Enough: The Fourth Category of the 'Subject to Contract' Cases
Elisabeth Peden University of Sydney - Faculty of Law John Carter University of Sydney - Faculty of Law Greg Tolhurst University of Sydney - Faculty of Law Journal of Contract Law, Vol. 20, p. 156, 2004 Sydney Law School Research Paper No. 06/56 Abstract: In Masters v Cameron, the leading Australian decision on the phrase 'subject to contract', the High Court of Australia set out three categories into which an agreement containing that phrase might to fall. The court clearly considered that all agreements using the phrase would come within one of those categories. This article considers (and rejects) recent suggestions that a four category of case may exist.
Keywords: Contract law, Conditional contracts, 'Subject to' Contravts, Uncertainty JEL Classifications: K12, K40 Accepted Paper SeriesDate posted: November 28, 2006 ; Last revised: November 28, 2006Suggested CitationContact Information
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