Multistate Bar Examination Practice Question

Courts resolve missing terms by implying provisions based on reasonableness, established industry practices, the parties' prior dealings, or statutory principles like good faith and fair dealing. This approach ensures that contracts with minor gaps remain enforceable and reflect reasonable expectations of the parties. The other options describe approaches that courts do not follow. For example, courts rarely disregard missing terms altogether, as they aim to fill gaps to enforce agreements. Similarly, voiding a contract for indefiniteness is a last resort, only applied in extreme cases where no reasonable terms can be implied. Lastly, rewriting a contract goes beyond the court's role of interpreting agreements rather than fundamentally re-drafting them.