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| Display title | Contracts/Uncertainty |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 20:45, August 16, 2020 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 02:25, August 19, 2020 |
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This attribute controls the content of the description and og:description elements. | It is essential to a contract that the nature and the extent of its obligations be certain.[1] If an agreement is uncertain it is because the offer was uncertain or ambiguous to begin with, for the acceptance is always required to be identical with the offer, or there is no meeting of minds and no agreement. If the person to whom the offer is made sees the uncertainty and proposes a change which will make the agreement certain, this puts an end to the offer, and the agreement which he has suggested is the result of his new offer and the acceptance of the original proposer. Therefore, if the offer is in any caae so indefinite as to make it impossible for a court to decide just what it means, and to fix exactly the legal liability of the parties, its acceptance cannot result in an enforceable agreement.[2] So where a contract of employment does not specify its duration, the position to be filled, nor the wages, it is void for uncertainty.[3] A contract which is too uncertain to be specifically enforced in equity[4] may, nevertheless, be the basis for a remedy at law in favor of a party who has wholly or partially performed it.[5] As a general rule, a contract which affords no practical basis on which damages for a breach may be ascertained is void for uncertainty.[6] Nevertheless, a contract may be sufficiently certain in that the acts which make up performance are expressed definitely enough to permit the court to tell whether the promisor has fulfilled them or not, and yet the damages from a failure to perform may not be susceptible of measurement.[7] And a contract is not uncertain because it is silent as to the damages for a breach.[8] |
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