Idaho Code 28-2-305 – Open Price Term
Current as of: 2023 | Check for updates
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(1) 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
(a) nothing is said as to price; or
(b) the price is left to be agreed by the parties and they fail to agree; or
(c) 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.
Terms Used In Idaho Code 28-2-305
- Buyer: means a person who buys or contracts to buy goods. See Idaho Code 28-2-103
- Contract: A legal written agreement that becomes binding when signed.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Seller: means a person who sells or contracts to sell goods. See Idaho Code 28-2-103
(2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.
(3) 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.
(4) 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.