Certainty and completeness

Topic preview

1. 01

   Material term uncertainty

   Identify the exact term that is missing, vague, or left open. Is it a minor detail or a material obligation?

2. 02

   Objective certainty test

   Ask whether a court can objectively work out what the parties agreed without inventing a new bargain.

3. 03

   Gap-filling mechanisms

   Is there a clear method to fill the gap, such as an objective standard, prior course of dealing, or established custom?

4. 04

   Intention does not cure gaps

   Did the parties mean to be bound now, and if so, does that intention actually solve the uncertainty problem?

5. 05

   Missing price term

   If price is missing or unclear, can it still be determined objectively, or is the bargain too open-ended?

6. 06

   Possible contract outcomes

   Should the agreement be treated as binding, partly binding, or unenforceable for uncertainty?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.