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When Three Just Isn't Enough: The Fourth Category of the 'Subject to Contract' CasesElisabeth PedenUniversity of Sydney - Faculty of Law John CarterUniversity of Sydney - Faculty of Law Greg TolhurstUniversity 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 Accepted Paper SeriesDate posted: November 28, 2006Suggested CitationContact Information
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