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

16 Pages Posted: 28 Nov 2006  

Elisabeth Peden

The University of Sydney Law School

John Carter

The University of Sydney Law School

Greg Tolhurst

The University of Sydney Law School

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 Classification: K12, K40

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

Elisabeth Peden (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

John Carter

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Greg Tolhurst

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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