Crucial Exams

Multistate Bar Examination Practice Question

A seller and a buyer entered into an agreement where the seller would provide a specific type of machinery to the buyer. The agreement identified the machinery but made no mention of price or delivery terms. When the seller later refused to deliver the machinery, it claimed the agreement was too incomplete to be legally enforceable. How should this disagreement be resolved?

  • Yes, the agreement is enforceable because courts can determine if a binding agreement exists and provide missing terms as needed.

  • Yes, the agreement is enforceable because parties in a sales agreement are presumed to follow default market standards for missing terms.

  • No, the agreement is not enforceable because the buyer’s failure to negotiate a price voids its formation.

  • No, the agreement is not enforceable because a contract must include all key terms, including price and delivery.

Multistate Bar Examination
Contracts
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