The phrase "subject to contract" is generally understood in the context of the sale of land to mean that the parties are not bound until a formal contract is signed. The use of this expression can affect the formation of contract and/or its enforceability, which are or should be two separate issues. This article attempts to show the confusion of these two issues by the Courts in the understanding, interpretation and use of cases which have dealt with one or both of these issues and some consequences, actual or possible, of such confusion.