Contract Law | Contract Attorneys

Contract Law Cases

Agreements to agree cannot be enforced without a mechanism.
Silence (something left out of a contract) is not as bad as an agreement to agree.  Blanks can be filled-in in various ways
Walford v. Miles
•    Addresses a question – whether an agreement to negotiate is enforceable
•    Is there such a thing as an enforceable agreement to negotiate?
•    […]

Contract Law Frustration

Uncertainty:
•    When we say a contract is uncertain, we mean that there is not enough specificity for a judge to nail down anything to enforce.
•    True that judges do have rules that can be applied to find certainty.
•    Judges make difficult decisions.  Though judges will try hard to find a determination to a contract.
•    There […]

Contract Law Good Faith

Intention
Intention refers to the time of formation.
•    The contract is the contract that was formed at that moment.
•    Nothing that happened afterwards is at all relevant.
•    Do not discuss intention without acknowledging that it is crystalized at the moment of formation.
•    Intention must be judge objectively.
o    People intend what we say they intend.
o    Ex:  Esquimalt:  […]