ABSTRACT
So far in this book we have looked at the big ideas which underpin the modern law of contract and then moved on to look at the doctrines, rules and ideas which govern the way we look at formation. Determining when the parties became legally obliged to each other and the detail of how they are bound is crucial and a point we shall return to again and again. The main reason litigation will commence about a contract is where a breach of contract is alleged. We cannot determine whether there has been a breach unless we understand what the parties have agreed. If one of the parties claims there has been a mistake during formation, we cannot determine the validity of their claim unless we determine what it is that each of the parties assumed about performance as they entered into the agreement.
