Agreements void for uncertainty: indeterminate essential terms invalidate contracts unless capable of being made certain. Agreements whose meaning is not certain or capable of being made certain are void. Uncertainty is cured where the description is a known article of commerce, where the parties' trade indicates the meaning, where the subject matter is clearly identified, or where an essential term like price can be fixed by an agreed mechanism or third party. By contrast, terms leaving an essential choice unresolved without a method of ascertainment render the agreement void.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Agreements void for uncertainty: indeterminate essential terms invalidate contracts unless capable of being made certain.
Agreements whose meaning is not certain or capable of being made certain are void. Uncertainty is cured where the description is a known article of commerce, where the parties' trade indicates the meaning, where the subject matter is clearly identified, or where an essential term like price can be fixed by an agreed mechanism or third party. By contrast, terms leaving an essential choice unresolved without a method of ascertainment render the agreement void.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.