Restatement Second of Contracts § 34
Certainty and Choice of Terms; Effect of Performance or Reliance
- The terms of a contract may be reasonably certain even though it empowers one or both parties to make a selection of terms in the course of performance.
- Part performance under an agreement may remove uncertainty and establish that a contract enforceable as a bargain has been formed.
- Action in reliance on an agreement may make a contractual remedy appropriate even though uncertainty is not removed.