Forming enforceable contracts

Often, one of the first issues to consider when a contractual dispute arises is whether or not there is a valid contract which is capable of being enforced. Party B can argue as much as they like about what a contract means, but if Party A disputes that a binding contract was ever actually reached between them, and Party A succeeds on this point, then Party B’s arguments on interpretation all fall away, although in reality the issues can often times become somewhat conflated when analysing the facts. The Practice Notes in this sub-topic, however, consider the key elements for determining whether or not an enforceable contract exists.

For a summary, in tabular form, of key and/or illustrative cases on contractual disputes, see Practice Notes:

1. •

   Contract disputes—key and illustrative decisions (2024)

2. •

   Contract disputes—key and illustrative decisions (2020–2023)

The content below may also be of assistance when considering drafting an agreement settling a dispute to ensure that the key criteria are met and common problem areas avoided—see: Settlement and settling disputes—overview and in particular Practice Notes:

1. •

   Settling disputes—how to document a settlement

2. •

   Settling disputes—drafting