ABSTRACT

A contract is a legally binding agreement consisting of enforceable obligations that have been voluntarily agreed between the parties. It is crucial to focus on the voluntary nature of an agreement as there are certain areas of law where obligations are not negotiated but are imposed by legal rules, such as tort law and criminal law. In order for an agreement to be enforceable it must be possible to demonstrate that there has been a meeting of the minds, often referred to as a consensus ad idem. In order to determine the consensus ad idem, the courts adopt an objective approach when assessing the intentions of the parties. Certainty of law is extremely important in commercial transactions and permits individuals and companies to regulate their behaviours with a set of specific rules. In considering a unilateral contract, it has been established that acceptance takes place when the requisite condition is completed, i.e. the lost dog is returned to its owner.