In these circumstances, the question of whether the provisional agreement is legally binding – and to what extent it can be applicable – is crucial. During the negotiations following the interim agreement, the parties were unable to agree on certain conditions (including the conditions for the transfer of personnel, the date of the guarantees of this element and the deposit of shares). Faced with the disappointment, the defendant entered into an agreement purporting to sell the transaction to a third party. The defendant argued that it was not bound by the interim agreement to continue the sale for a number of reasons, including: in the recent case of Verrocchi and Bassaly/Messinis  VSC 490, the parties reached an interim agreement on the terms of sale provided at the outset of negotiations on the sale of the defendants` pharmacy business in Melbourne. In addition to the three masters/Cameron categories, some courts have recognized the existence of a fourth category of preliminary hearings – a category in which the parties intend to be immediately bound by the terms on which they have agreed, but expect to enter into another final contract to replace the first, which contains additional conditions. Fourth-tier pre-agreements are generally binding and enforceable. The High Court found that the agreement fell within the third point and indicated that the interim agreement only involved the parties when a formal contract had been entered into and that, given the use of the clause, the terms “in accordance with the contract” served the purpose of the third point. In England, one way to express the intention not to be bound by a rule is simply to label it as “SUBJECT TO CONTRACT”. This label generally seems to be the equivalent in England, “it is not binding and there is no binding legal relationship, unless the parties execute a fully negotiated final contract.” The first two classes of written agreements signed by the parties are considered legally binding, whether the proposed formal document is drawn up or never signed.