As long as a contract meets the above conditions, it is enforceable in court, which means that a court may compel a non-compliant party to comply with the terms of the contract. In general, a contract should not be written and, in many cases, an oral agreement with all of the above is a valid and enforceable contract. However, it is important to take into account, in the context of the contract, and not as in the past. For example, in the first English case of Eastwood v. Kenyon , the guardian of a young girl, took out a loan to educate her. After her marriage, her husband promised to pay off the debts, but the loan was considered a historical value. The inadequacy of previous considerations is related to the existing customs rule. In the first English case of Stilk v. Myrick , a captain promised to divide the salaries of two deserters among the rest of the crew if they agreed to set sail; However, this promise was found to be unenforceable, as the crew was already in charge of the ship`s navigation. The existing customs rule also applies to general legal obligations; For example, the promise not to commit an unlawful act or crime is not enough.  Some arbitration clauses are unenforceable and, in other cases, an arbitration procedure is not sufficient to resolve a dispute. For example, disputes over the validity of registered intellectual property rights may be settled by a public body within the national registration system.  In the case of matters of significant public interest that go beyond the narrow interests of the parties to the agreement, such as allegations that a party breached a contract by committing unlawful anti-competitive conduct or committing civil rights violations, a court may find that the parties may assert one or all of their rights before contracting out.
 If the terms of the contract are uncertain or incomplete, the parties cannot reach an agreement in the eyes of the law.  An agreement is not a contract and the inability to agree on key issues that may include price or security elements may lead to the failure of the entire contract. However, a court will endeavour to implement commercial contracts where possible by excluding an appropriate design of the contract.  In New South Wales, even if a contract is uncertain or incomplete, the contract may remain binding on the parties if a sufficiently secure and comprehensive clause requires the parties to submit to arbitration, negotiation or mediation.  An agreement does not always mean a contract, as it may miss an essential element of the contract, such as consideration.B.