LAW 505-002 – Contracts I

Restatement Second of Contracts § 34


Certainty and Choice of Terms; Effect of Performance or Reliance

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  1. 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.
  2. Part performance under an agreement may remove uncertainty and establish that a contract enforceable as a bargain has been formed.
  3. Action in reliance on an agreement may make a contractual remedy appropriate even though uncertainty is not removed.