Facts
- Foley sold Classique coaches a plot of land, on the condition that they purchase all petrol from him
- 3 years’ later, Classique Coach’s lawyer said the contract was void due to uncertainty in its terms, namely that no price had been agreed for fuel prices
- Classique coaches started purchasing fuel from elswhere
- Foley attempted to sue for breach of contract
Issue
- If no price is quoted, is a contract void
Decision
- Contract was not void, it was breached
Reasoning
- An agreement to make an agreement is not binding, however part performance indicates reliance on the contract, making it binding
