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3 Cards in this Set
- Front
- Back
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Wellington City Council v Body Corp |
- Council entered 'process contract' with BC - obliged council to act in 'good faith' - negotiations broke down, BC sued for breach - ISSUE: is an agreement to negotiate in 'good faith' enforcable? - HELD: No - good faith = no justiciable - "for there to be an enforceable contract parties must've agreed on essential terms or at least upon objectively determinable means that those terms could be reached" |
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Fletcher Challenge v ECNZ |
- draft agreement for shared gas supply - some terms had next to them 'not agreed' 'to be agreed' - HELD: Blanchard J: prereqs for formation = (1) an intention to be immediately bound (2) an agreement (express or implied) or the means of achieving an agreement (eg arbitration clause) on every term which is legally essential - term is regarded as essential if a party maintains the position that there must be agreement on it |
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Fletcher Challenge v ECNZ |
- uncertainty - "not agreed" and "to be agreed" - HELD: - OBJECTIVE DETERMINABILITY: - if it is a reasonable contemplation the court can determine the term - If the parties show intention to be bound the Courts will take a robust approach to enforce the contract |
