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Open price term - 13 Pa. Cons. Stat. § 2305Legal Research Home > Pennsylvania Statutes
§ 2305. Open price term.
(a) General rule.--The parties if they so intend can
conclude a contract for sale even though the price is not
settled. In such a case the price is a reasonable price at the
time for delivery if:
(1) nothing is said as to price;
(2) the price is left to be agreed by the parties and
they fail to agree; or
(3) the price is to be fixed in terms of some agreed
market or other standard as set or recorded by a third person
or agency and it is not so set or recorded.
(b) Price to be fixed by party.--A price to be fixed by the
seller or by the buyer means a price for him to fix in good
faith.
(c) Price not fixed through fault of party.--When a price
left to be fixed otherwise than by agreement of the parties
fails to be fixed through fault of one party the other may at
his option treat the contract as cancelled or himself fix a
reasonable price.
(d) Intent not to be bound without established price.--
Where, however, the parties intend not to be bound unless the
price be fixed or agreed and it is not fixed or agreed there is
no contract. In such a case the buyer must return any goods
already received or if unable so to do must pay their reasonable
value at the time of delivery and the seller must return any
portion of the price paid on account.
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Last modified: November 27, 2007 |