A. How do Article 2 of the UCC and the Restatement deal with definiteness of contract terms? b. If an offer leaves open particulars of performance to be specified by one of the parties, what limitations does Article 2 provide?
a. Terms of a contract must be reasonably certain so courts have a basis for determining the existence of a breach and for giving an appropriate remedy. Missing terms may be supplied by course of dealing, usage of trade, or inference. In agreements for the sale of goods, Article 2 of the UCC provides standards by which omitted terms may be determined as long as the parties intended to enter into a binding contract. The UCC provides missing terms in such instances as where the contract fails to specify the price, the time or place of delivery, or payment terms. The Restatement has adopted an approach similar to the UCC's in supplying terms the parties have omitted from their contracts.
b. Under the Code, any such specification by one of the parties must be made in good faith and within limits set by commercial reasonableness.
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