Discuss the effect of the Uniform Commercial Code on the law of sales contracts in the area of open terms
The UCC makes the law of sales more flexible. Negotiations with open terms may create a binding agreement under the UCC even though the same negotiations under the common law would not have created a contract. UCC Section 2-204(3) states, "Even though one or more terms are left open, a contract does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.". The UCC will not create a contract where the parties never intended to create one. A contract may state a method for determining missing terms, but if it does not, the UCC contains "gap-filler" provisions or rules for supplying the missing terms.
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