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Foley v Classique Coaches Ltd. [1934] 2 KB 1

Facts:

Agreement for sale of property. Term D would enter into agreement to sell P petrol, for a price to be agreed upon. Clause that if dispute it would go to arbitration

Ratio:

An agreement to agree is not a valid contract.

Analysis:

Courts will be prepared to find a way to make a contract certain, but they wont make the contract for the parties. They agreed they had a contract, they acted on it for 3 yrs and they had a dispute mechanism process

Holding:

Binding agreement because the parties established a mechanism for disputes


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