If the parties to a contract failed to include a critical term, such as price or quantity, the court may look to normal trade usage to determine what that term should be.

Question

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When a critical term is missing from a contract, the court may apply the principle of normal trade usage to determine the missing term. This means that the court may look to the standard practices and customs of the relevant industry to fill in the gap left by the parties.

If the Parties to a Contract Failed to Include a Critical