Out of commission: dealing with disputes on oral contracts

By Stephanie Canham2019-04-02T05:00:00

How one dispute regarding oral contractual arrangements ended up before the Supreme Court

Most commercial agreements relating to building works are thought through and usually, but not always, in writing; often based upon tried and tested standard forms drafted by experienced lawyers. If a dispute arises, it will usually concern the interpretation of terms and what they mean in practice. In some instances, however, particularly where the contractual arrangements are less prescribed, there may be arguments about whether an entire agreement between the parties is binding, if it is a complete and enforceable contract and what, if anything, can be done to resolve the problem, or even to retrospectively fill in the gaps.

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