CLAW1001 Lecture Notes - Lecture 7: Airbnb, Estoppel, Outline Of Object Recognition
Document Summary
Concluded agreement: meeting of the minds, mushroom composters pty ltd v is & de robertson pty ltd (2015) Objective test in determining whether a binding contract has been concluded agreement is inferred. Prevents the existence of a binding contract is the court cannot find a meeting of the minds" if a contract can produce more than one result, it is void for uncertainty . Upper hunter county v australian chilling courts will uphold the meaning they think is proper decides application summarised in the upper hunter county district council v australian. Objective test that there has been a meeting of the minds there is a difference between uncertainty of meaning and absence of meaning and/or intention. Courts aim to give the contract a meaning" based on the objective assessment and written text if any incompleteness if an essential term is absent from the perspective of the reasonable observer then there is no contract.