Formation of contracts | Practical Law

Formation of contracts | Practical Law

This note outlines the legal concepts involved in the formation of binding contracts, including offer, acceptance, consideration, an intention to create legal relations and certainty of terms. It also covers common issues of contract formation, including where parties start to perform a contract before the final terms are agreed, the enforceability of documents such as comfort letters and memoranda of understanding, and when a contract can be formed by email or via a website.

Formation of contracts

Practical Law ANZ Practice Note w-005-1117 (Approx. 48 pages)

Formation of contracts

by Practical Law Commercial, reviewed by Elisabeth Peden SC (now a Judge of the Supreme Court of NSW) (based on original by Dr William Higgs).
MaintainedAustralia, Federal
This note outlines the legal concepts involved in the formation of binding contracts, including offer, acceptance, consideration, an intention to create legal relations and certainty of terms. It also covers common issues of contract formation, including where parties start to perform a contract before the final terms are agreed, the enforceability of documents such as comfort letters and memoranda of understanding, and when a contract can be formed by email or via a website.