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(c) That's wrong. 

You were asked to select the statement that correctly describes the reason for the decision in Phillips v Ellinson Bros Pty Ltd (1941) 65 CLR 221.

The reason for the decision in Phillips v Ellinson Bros Pty Ltd  was that, despite partial performance, Phillips had not substantially discharged all the obligations, arising from an indivisible contract, that he owed to Ellinson Bros.

The reason for the decision in Phillips v Ellinson Bros Pty Ltd  was not that the agreement between Phillips and Ellinson Brothers was uncertain in its requirements and therefore not enforceable as a contract.

The reason for the decision in Phillips v Ellinson Bros Pty Ltd  was not that there was a term in the contract that required Phillips to go to arbitration in the event of a dispute rather than enforce the contract in court.

Give yourself no marks for this answer.

 

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