Certainty Flashcards

1
Q

why do we need certainty

A

For an agreement to have contractual force, it must be in terms defined with a sufficient degree of certainty regarding the parties obligations.

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2
Q

to have certainty, contacts cannot be

A

vague or incomplete

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3
Q

what is certainty

A

the clarity and precision of the terms and conditions within a contractual agreement

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4
Q

what do the courts strive for in certainty

A

to not frustrate a contract

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5
Q

what do the courts do in order to avoid frustrating the contract

A

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

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6
Q

what is the main question within certainty

A

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

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