Zusammenfassung der Ressource
OFFER: DEFINITENESS OF SUBJECT
MATTER
- REQUIREMENTS FOR SPECIFIC TYPES OF CONTRACTS
- REAL ESTATE TRANSACTIONS
- LAND must be
identified with some
particularity, but
deed description is
not required ("my
house in Danbury" is
sufficient)
- PRICE TERMS
-most courts will
not supply a
missing price
- SALE OF GOODS
- QUANTITY must be
certain or capable of
being made certain
- "REQUIREMENT"
CONTRACT - buyer
promises to buy all the
goods that buyer requires,
and seller agrees.
- "OUTPUT"
CONTRACT - seller
promises to sell all
the goods it
produces, and buyer
agrees to buy that
amount
- GOOD FAITH REQu/iREMENT - there
may not be a tender of remand for
a quantity unreasonably
disproportionate to (1) any stated
estimate; or (2) normal or
comparable prior output or
requirements.
- SERVICES
- NATURE OF WORK
- MISSING TERMS
- Majority of jurisdictions
and Art 2 hold that court
may supply reasonable
missing terms
- No Price is ok
unless sale of
land
- For sale of goods (Art
2) - price will be
reasonable price at
the time of delivery
- VAGUE TERMS will not be
enforced, as the contract will
be to vague to endorse, but
uncertainty may be cured by
performance that clarifies the
vague term, or by acceptance
of full performance
- TERMS TO BE AGREED
UPON LATER - OK, as
long as not material
terms, then the offer is considered TOO UNCERTAIN