Certainty Flashcards
why do we need certainty
For an agreement to have contractual force, it must be in terms defined with a sufficient degree of certainty regarding the parties obligations.
to have certainty, contacts cannot be
vague or incomplete
what is certainty
the clarity and precision of the terms and conditions within a contractual agreement
what do the courts strive for in certainty
to not frustrate a contract
what do the courts do in order to avoid frustrating the contract
Fill in the gaps of uncertainty however sometimes the extremity of uncertainty is too much that it would be inappropriate to fill in the gaps
what is the main question within certainty
Whether the initial agreement is binding and the later agreement is confirmation, or if an initial agreement is not binding until formal later contract is executed