Australia Leading Case intention to be boundsubject to contractcertainty

Masters v Cameron

[1954] HCA 72; (1954) 91 CLR 353

JurisdictionAustralia

CourtHigh Court of Australia

Year1954

StatusBinding authority

Key Principle

Where parties reach agreement 'subject to' a formal contract, their intention falls into one of three (later four) categories determining whether and when they are bound; the test is the objectively ascertained intention to be immediately bound.

Area of Law

Contract & Commercial

Related Cases

Lumbers v W Cook Builders Pty Ltd (in liquidation) [2008] HCA 27; (2008) 232 CLR 635

Commonwealth of Australia v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64

Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221

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