THE REQUIREMENT OF CERTAINTY OF TERMS IN THE FORMATION OF CONTRACT

Authors

  • Robert A Samek

Abstract

Robert A. Samek challenges the requirement that the terms of a contract must be certain as a corollary of the axiom that the courts will not help parties to make their own contract. He contends that such orthodoxy is the result of confusing contract with bargain, arising from the doctrine of laissez faire and Pothier’s subjective view of contract. He asserts that this axiom is inconsistent with the objective view of contract, and proposes a quantitative approach to interpretation that is satisfied by that which is reasonable in the particular circumstances of the case, as opposed to what is more or less absolutely certain.

Keywords:

Contract Law

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Published

1970-05-01

Issue

Section

Legal Commentary