Issues of informality in contracting


We will consider recent decisions on where informal conduct will bind parties including considering the following questions: • When will parties be bound to a contract, despite formalities not being satisfied? • What has the High Court explained is the operation of part performance in Australia? • How can a variation be effectively achieved and what sort of consideration is necessary? • Are ‘anti-oral variation’ clauses effective? • Can a commercial contract bind parties after its term has completed? • Can parties end an agreement informally?