FORMATION OF CONTRACT
FORMATION OF CONTRACT 1. INTENTION to create legal relations
Carlill v Carbolic Smoke Ball Co
‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force
Edmonds v Lawson
Domestic Agreement (NI) btwn close family members are not legally binding
Balfour v Balfour
Cohen v Cohen
Domestic Agreement (I) with additional circumstances
Merritt v Merritt
Wakeling v Ripley
Agreement btwn friends/ to provide charitable services (NI) are not legally binding
Teen Ranch Pty Ltd v Brown
Agreement btwn friends/ to provide charitable services (I) with additional circumstances
Ermogenous v Greek Orthodox Community of SA Inc
Commercial Agreement (I) have intention to be legally bound
Carlill v Carbolic Smoke Ball Co
Esso Petroluem Co Ltd v Commissioners of Customs & Excise
Final creation of contract can be delayed if that is what the parties intended – when formalities are completed
Masters v Cameron
Perry v Coolangatta Investments Pty Ltd
‘Letter of Comfort’ given by creditor to debtor as obligations assurance may/may not intend to be legally binding
MAY - Banque Brussels Lambert SA v Australian National Industries Ltd
MAY NOT - Commonwealth Bank of Australia v TLI Management Pty Ltd

1. INTENTION to create legal relations
Carlill v Carbolic Smoke Ball Co
‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force
Edmonds v Lawson
Domestic Agreement (NI) btwn close family members are not legally binding
Balfour v Balfour
Cohen v Cohen
Domestic Agreement (I) with additional circumstances
Merritt v Merritt
Wakeling v Ripley
Agreement btwn friends/ to provide charitable services (NI) are not legally binding
Teen Ranch Pty Ltd v Brown
Agreement btwn friends/ to provide charitable services (I) with additional circumstances
Ermogenous v Greek Orthodox