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Question: ‘In order to constitute a valid contract, the parties must so express themselves that their meaning can be determined with a reasonable degree of certainty. It is plain that unless this can be done … consensus ad idem would be a matter of mere conjecture’
Scammell and Nephew Ltd v Ouston [1941] AC 251

Using case law critically analyse the accuracy of this statement and the role of certainty. This is an individual essay piece of summative assessment.

Answer: For the courts to enforce a binding contract, the parties involved must express their agreement in a way that is sufficiently certain. The traditional assertion, discussed by Fridman, is that contracts need to be complete, not vague and contain all essential terms to be sufficiently certain. However, explicitly the courts do not expect all commercial documents to contain strict legal precision. There is still the need for the contract to be ascertained with reasonable certainty as the role of certainty provides a mechanism for establishing consensus ad idem, through an objective test. As the courts intervene to establish certainty, its importance in establishing consensus ad idem is bolstered. The accuracy of the statement in Scammell v Ouston can be improved with the acknowledgement that......(short extract)

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Details: - Mark: Not available | Course: Contract Law | Year: 2nd/3rd | Words: 1499 | References: Yes | Date written: January, 2019 | Date submitted: March 11, 2019 | Coursework ID: 1055

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