Barrett v IBC International Ltd explained

Barrett v IBC International Ltd
Court:	Court of Appeal of New Zealand
Date Decided:	21 July 1995
Full Name:	Barrett v IBC International Ltd
Citations:	[1995] 3 NZLR 160
Judges:	Cooke P, Hardie Boys J, Penlington

Barrett v IBC International Ltd [1995] 3 NZLR 160 is a cited case in New Zealand regarding the legal concept of certainty regarding contract formation.^{[1] [2]}

Background

For the sum of $2, Barrett gave IBC International an option to purchase their property within the following 180 days. However, the settlement date in the contract merely stated it "to be mutually agreed upon exercise of option".

When IBC subsequently tried to purchase the property under this option, Barrett said the option was unenforceable, given the date of settlement was not agreed to in the option contract.

Held

The court held that as the date of settlement was uncertain, the option contract was not legally binding.

Notes and References

1. Book: An introduction to the Law of Contract in New Zealand . 4th . Chetwin . Maree . Graw . Stephen . Tiong . Raymond . Thomson Brookers . 0-86472-555-8 . 2006 . .
2. Book: Butterworths Student Companion Contract . 4th . Walker . Campbell . LexisNexis . 0-408-71770-X. 2004 . 33-34.