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Dear Mr. Bigwood Case

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Dear Mr. Bigwood, As directed, an evaluation of the draft contract has been done to ascertain potential issues, regarding its validity and enforceability. This will any imminent problems, should there be any dispute between the parties.

In our evaluation, three main issues arise that may pose impending risks; this is due to the vague or ambiguous wording used in constructing this contract. This amounts to incomplete or uncertain statements, which may render the contract invalid or unenforceable. Amendments of the clauses have been identified and amended to ensure that the contract is complete, enforceable and valid.

Clause 4: Price and Deposit
The language used in subparagraphs (a), (b), (c), and (d) are vague, incomplete and uncertain. …show more content…

As such, this machinery could not be sustained in court and, therefore, could render this contract void. In resolving this issue, the court may look to expert advice or industry standards for interpretation. In the event where no such norm exists, then the contract will not be enforceable due to uncertainty. In such circumstance, a severance would not be possible and, therefore, the entire contract may fail. However, the parties may make a valid contract that defers the agreement on the essential terms, if they provide an effective backup mechanism for determining the terms; if they fail to reach an agreement, the law may recognize mechanism for the expediency of commerce. As such, to eliminate any further ambiguity regarding the current machinery it is recommended that the parties agree to insert a new clause which could be rephrased “… In the event that the parties fail to reach an agreement on price under this Clause, the price shall be determined by a registered Art Valuator in Queensland, appointed and paid for by both parties, subject to Clause 9 (a) If for any reasons the parties fail to agree on a Valuator then the court shall determine the price of the Sculptor at fair market value…” this will ensure that should there are systems in place that can adequately regulate the price of the

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