New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Partly oral and partly written contracts
  • 19 Jul 2006

    DESIGN AT SPACE LTD V JULIAN AND ANOR CA CA149/05

    Citation
    openlaw-c3b9b3ee_0d63_4511_aa09_dd9b508494cc.pdf
    Court
    Court of Appeal

    No concluded contract existed because clause 15 left identification of the home block — an essential matter — to future agreement; the area and boundaries were not agreed or objectively determinable at signing, oral evidence did not establish binding agreement and cannot be used to contradict the later written term, therefore the appeal fails.

    • Certainty of subject matter
    • Agreement to agree
    • Contract formation
    • Contract interpretation
    • Partly oral and partly written contracts
    • Condition precedent