Introduction to Contract Issues
Typical Contract TermsAll of the terms for any contract do not have to be present, or discussed. Just because a particular term does not exist, or was not discussed at the time the contract was made, does not mean the contract is voidable. The court will imply "reasonableness" to determine the meanings of terms which are not present in a written or oral contract.
The limit is that some significant terms must have been discussed, or there may be no "meeting of the minds." For example, usually "price" is a key issue. Generally, if the parties did not discuss the price, or did not agree on a price, courts may not be willing, absent evidence that the price was obvious, to imply a price. Thus, when it is apparent to the court that some terms were discussed, the court may fill in the blanks with a determination of what is reasonable. Be careful not to take the position that a contract can be broken just because one minor item was not agreed to by the parties.
GENERAL RULE
Don't Sign or Accept, or Offer unless you are serious. Generally, contracts are serious business and cannot be broken, except in very special circumstances.
Introduction to Contract Issues |
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