Explain Certainty of Terms
Explain Certainty of Terms?
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The parties must reach agreement on all of the essential terms in a agreement. This ought to be possible to determine the meaning of the contract with a reasonable degree of certainty.
There are 3 matters which could arise cause a contract to fail for lack of certainty of terms:
1. Incompleteness: The omitted terms are so important that they warrant the conclusion that the parties have not yet reached an agreement; for example, lack of a price or a formula to determine the price.
2. Agreements to agree: A fundamental item is explicitly left subject to negotiation or agreement within a contract.
3. Vagueness: A term is so vague or imprecise that multiple meanings can be reasonably supported.
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