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: […]










