Subject To Contract - Definition - Law Dictionary Home Dictionary Definition subject-to-contract

Definition :

Subject to contract, does not mean 'subject to the approval by the parties' solicitors of a formal contract. On the other hand, the expression 'subject to contract' has by now acquired definite ascertained legal meaning of subject to the execution by the parties of a formal contract', Wilson v. Balfour, (1929) 45 TLR 606.

Means subject to preparation and execution of a formal contract with respect to the transaction taking place between the parties, Coope v. Ridout, (1921) 1 Ch 291.

Means that the broker is not to be deemed to have performed his duty until a binding contract has been entered into, Raymond v. Wootan, (1931) 47 TLR 606.

Means that the matter remains in negotiation until a formal contract is settled and formal contracts are exchanged, Keppel v. Wheeler, (1927) 1 KB 577.

Means the parties to contract have locus penitentiae until formal contracts are exchanged, Musson v. Maxley, (1936) 1 All ER 64.

Subject to contract. See as to the meaning of these words in contracts for sale of land, Hussey v. Horne Puyne, (1878) 4 AC 311, as explained in Curtis Moffatt Ltd. v. Wheeler, (1929) 2 Ch 244