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OFFER: DEFINITENESS OF SUBJECT MATTER

REQUIREMENTS FOR SPECIFIC TYPES OF CONTRACTS
1. REAL ESTATE TRANSACTIONS
  1. LAND must be identified with some particularity, but deed description is not required ("my house in Danbury" is sufficient)
  2. PRICE TERMS -most courts will not supply a missing price
2. SALE OF GOODS
  1. QUANTITY must be certain or capable of being made certain
    1. "REQUIREMENT" CONTRACT - buyer promises to buy all the goods that buyer requires, and seller agrees.
    2. "OUTPUT" CONTRACT - seller promises to sell all the goods it produces, and buyer agrees to buy that amount
      1. 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.
3. SERVICES
  1. NATURE OF WORK
MISSING TERMS
1. Majority of jurisdictions and Art 2 hold that court may supply reasonable missing terms
  1. No Price is ok unless sale of land
  2. 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

OFFER: DEFINITENESS OF SUBJECT MATTER

	Created by Jana Slavina almost 10 years ago