Agreement as to form
Agreement reached but provision re writing = Not binding till in writing (Case) K seeking specific implement re exclusive distribution
Subjective v Objective
Muirhead and Turnbull v Dickson 1905
To create a contract
There must be at least 2 parties to a contract!
One person grants a “consideration” and the other party does something on the strength of the first party’s “consideration” or undertaking which is not necessarily for the benefit of the first party
Mortons Trs v Aged Christian friend’s society 1899
Promisor and promise. Promise does not have to accept. Requires patrimonial interest but not reciprocity/exchange. Promisee does not have to do anything.
Smith v Oliver 1911