Selected Cases by Article & Issues
Article 4.88 Cases
(1) Where the parties to a contract have not agreed with respect to a term which is important for a determination of their rights and duties, a term which is appropriate in the circumstances shall be supplied.
(2) In determining what is an appropriate term regard shall be had, among other factors, to
(a) the intention of the parties;
(b) the nature and purpose of the contract;
(c) good faith and fair dealing;
(d) reasonableness.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Notion of omitted terms | |
| 1.1 | Terms not deliberately left open by parties (see Art. 2.1.14) | |
| 1.2 | Terms important for determination of parties' rights and duties | |
| 1.3 | Issues not settled by gap-filling rules of Principles | |
| 2 | Criteria for supplying omitted terms | 5 |
| 2.1 | Intention of parties | 1 |
| 2.2 | Nature of purpose of contract | 1 |
| 2.3 | Good faith and fair dealing | 3 |
| 2.4 | Reasonableness | 2 |
| 3 | Supplyind omitted terms v. implied obligations (see Art. 5.1.2) |