2023년 2월 8일 수요일

Can you enforce an incomplete contract which cannot be ascertained of its true construction on trade practice or course of dealings between parties?

In English law, a contract may be considered unenforceable if it is incomplete and cannot be ascertained as to its true construction based on trade practice or the course of dealings between the parties. English contract law requires that a contract be clear and certain as to its terms and obligations in order to be enforceable. If a contract is incomplete or ambiguous, the court may find that it is unenforceable, as the parties´ obligations and rights under the contract cannot be determined with certainty. In such cases, the court may look to trade practice or the course of dealings between the parties to determine the intended meaning of the contract. However, if these sources are insufficient to determine the true construction of the contract, the contract may still be unenforceable, and the parties may not be able to seek a remedy in court.

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