Selected Cases by Article & Issues
Article 2.1.144 Cases
(1) If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by one of the parties or by a third person does not prevent a contract from coming into existence.
(2) The existence of the contract is not affected by the fact that subsequently
(a) the parties reach no agreement on the term;
(b) the party who is to determine the term does not do so; or
(b) the third person does not determine the term,
provided that there is an alternative means of rendering the term definite that is reasonable in the circumstances, having regard to the intention of the parties.
(2) The existence of the contract is not affected by the fact that subsequently
(a) the parties reach no agreement on the term;
(b) the party who is to determine the term does not do so; or
(b) the third person does not determine the term,
provided that there is an alternative means of rendering the term definite that is reasonable in the circumstances, having regard to the intention of the parties.
Total Cases in the database 1528