Contracts > III. Contract Terms Flashcards
When an otherwise valid contract includes a term that is too vague, is it enforceable?
Only if the vagueness can be cured.
How can a contract containing vague terms be cured?
It is cured by the parties’ actions, including part performance or acceptance.
When will the court apply a presumption that the contract was intended to contain reasonable terms?
When a term is missing from the contract. A court will not apply this presumption to vague terms.
Is a contract containing vague terms voidable at either party’s discretion?
No. But it cannot be enforced at law unless the parties’ actions have cured the vagueness.
If a price term is not included in a contract for sale of land, what will a court do?
It likely will not be enforceable because courts do not generally supply price terms for contracts for the sale of land.
