78 The certainty of the terms of the contract is an element of birth. Simply put, „an agreement may be vague or uncertain enough not to be able to enter into a binding contract“ (paragraph 2-099). Like what. B a contract cannot be applicable if important conditions are not settled at the time of offer and acceptance, but are left in the future with no means of guaranteeing an agreement. A contract in which the price is not indicated may still be sufficiently safe if the goods are to be delivered at a reasonable price, since a court could objectively determine what represents a reasonable price for the goods. But if the treaty simply states that the parties must agree on the price, there would be no such security and the contract would probably not be applicable (Burrows et al 1992 53). Many of the treaty principles that apply to minors also apply to crazy people. There is an obligation to pay the injured person if an an annnuable contract is avoided and to pay for fees that are based on a quasi-contract, for the fair value of goods or services. The incompetent, legal guardian or staff representative after death may bypass the contract. The incompetent can only ratify a treaty that can be annulled if it regains its contractual capacity.
The right to avoid the contract belongs to the incompetent; the other party must not evade the contractual obligation. A contract normally cancelled cannot be cancelled if it is, by nature, fair to both parties and executed to such an extent that the other party cannot be put back in the position it took before the contract. „Agreement to be concluded“ agreements are not a contract. These types of agreements are often used in sectors that require long-term contracts to ensure a constant source of supplies and opportunities. Mutual declarations of approval, sufficient in themselves to enter into a binding contract, are not only deprived of the fact that the parties declare themselves ready to prepare a written copy of their agreement. To determine whether there is only an „agreement of agreement“ or a sufficiently binding contract in a particular case, the courts apply certain rules. If the parties express their intention – either to be related or not to be related until a written document is drafted – that intention will be monitored. If they have not expressed their intention, but they exchange promises of a certain service and agree on all the essential conditions, then the parties have entered into a contract, although the written document is never signed. If the intentions are incomplete, for example.
B if a material term such as quantity remains for new negotiations, the parties do not have a contract. The designation of the term relevant to the continuation of negotiations is interpreted as showing the intention of the parties not to be bound until a full agreement has been reached. 87 At this time, the law does not know when an e-mail message arrived in time for delivery when there has been a delay between the sender and the recipient without fault on either side. Such uncertainty can be of economic importance if the disclosure is a contract offer and the delay then allows the supplier to revoke the offer or argue that it has expired.