What Is Agreement Uncertain

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A brief sum­mary of prin­ci­ples, recent devel­op­ments and prac­tical advice regarding clauses that may be invalid due to uncer­tain­ties. Although agree­ments are the basis of all con­tracts, not all agree­ments are enforce­able. A pre­lim­i­nary ques­tion is whether the con­tract is suf­fi­ciently secure in its essen­tial conditions[5] such as price, object and iden­tity of the par­ties. In gen­eral, the courts strive to “put the agree­ment in place”, so that in Hillas & Co Ltd v. Arcos Ltd,[6] the House of Lords found that an option to pur­chase soft­wood with a “fair spec­i­fi­ca­tion” was safe enough to be applied when read in the con­text of pre­vious agree­ments between the parties […].

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