- Court considers intention and certainty in forming enforceable contracts (Novus Aviation Limited v Alubaf Arab International Bank)
- Practical implications
- How did the issues arise in this case?
- Intention to be bound—is there scope for a subjective approach?
- When is a contract too uncertain to be enforceable?
- Court details
Dispute Resolution analysis: Leggatt J has considered the authorities on intention to be legally bound and certainty in determining whether an enforceable contract had been concluded. In so doing he found that it was ‘open to doubt’ whether it was even theoretically possible for there to be an exception to the objective approach when assessing whether or not parties intended to be bound, as opposed to determining the scope and meaning of their agreement.
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