Practice Quiz

Paralegal Exam Prep

Category - Contracts

Start a Study Session Sign up for Question of the Day
Under common law, what would a court do if the parties to a contract omitted a term that is essential to the meaning of the contract?
  1. The court will do its best to fairly interpret the contract without the missing term.
  2. The court will order that an arbiter determine the term.
  3. The court will force the parties to negotiate the term.
  4. The court will void the contract.
  5. The court will supply a term which is reasonable.
Explanation
Answer: E. Under common law, if the parties to a contract omitted a term that is essential to the meaning of the contract, the court will supply a term which is reasonable. In determining a reasonable term, the court will use the commonly accepted term based on the subject matter of the contract or the dealings of the parties involved. The court will seek to avoid using a term that would add unreasonableness to the contract.
Previous Next
Was this helpful? Upvote!
Login to contribute your own answer or details
Start a Study Session Sign up for Question of the Day

Top questions

Related questions

Most popular on PracticeQuiz