Abstract

http://ssrn.com/abstract=947354
 
 

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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.

Number of Pages in PDF File: 16

Keywords: Contract law, Conditional contracts, 'Subject to' Contravts, Uncertainty

JEL Classification: K12, K40

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Date posted: November 28, 2006  

Suggested Citation

Peden, Elisabeth and Carter, John and Tolhurst, Greg, When Three Just Isn't Enough: The Fourth Category of the 'Subject to Contract' Cases. Journal of Contract Law, Vol. 20, p. 156, 2004; Sydney Law School Research Paper No. 06/56. Available at SSRN: http://ssrn.com/abstract=947354

Contact Information

Elisabeth Peden (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
John Carter
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Greg Tolhurst
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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