Informal contracts: Too many techniques spoil the broth

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This paper considers the approach to establishing terms in an informal contract.

It posits that a wide range of techniques are employed in ascertaining the terms of an informal contract, namely, interpretation, implication, broader construction (ie, construction in all the circumstances), offer and acceptance analysis, the promissory test for establishing terms based on pre-contractual statements, and the tests for incorporation of terms.

The proposed paper analyses these techniques with a view to considering whether the approach to informal contracts is coherent and whether a unified approach is possible. The paper also reflects on practical and theoretical conclusions that can be drawn regarding the nature of informal contracts and contract law more broadly.

About the Speaker

Dr Ryan Catterwell is a barrister at Howard Zelling Chambers in Adelaide, an adjunct Senior Lecturer at the TC Beirne School of Law. Prior to joining the bar in 2022, he practised in commercial litigation, insurance, and building and construction at King & Wood Mallesons (Sydney) and Fisher Jeffries (Adelaide). He also lectured contract law and equity at the University of Adelaide and the University of Queensland. He has published contract law and related topics both in Australia and internationally and is the author of A Unified Approach to Contract Interpretation (Hart, Oxford, 2020). His main areas of practice include commercial litigation, Contract Law, Equity and Truists, Building and Construction law, Insurance and Insolvency.

Dr Catterwell's Bibliography and Publications