Journal of Contract Law, Vol. 20, p. 156, 2004
16 Pages Posted: 28 Nov 2006
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 Classification: K12, K40
Suggested Citation: 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: https://ssrn.com/abstract=947354