104.10 How price in contract of sale can be determined

104.10 How price in contract of sale can be determined

The price in a contract of sale:

  1. 104.10.1

        may be fixed by the contract; or

  2. 104.10.2

        may be fixed in a manner to be determined by the parties; or

  3. 104.10.3

        may be determined by the course of dealing between the parties1.

Note that if the price has not been fixed, such a fact may be an indication that a contract has not been concluded. If, from the facts of the case, there is no agreement on the price (ie a specific amount, a method of calculation or a