When assessing whether a commercial contract is void for incompleteness, each allegedly missing term must be examined individually to determine whether it requires further agreement or is capable of resolution by machinery, implication, or statutory mechanism. A cumulative or 'in toto' approach to incompleteness is inappropriate. Matters that depend on third party cooperation (such as lease assignments, licence transfers, and hire purchase substitutions) go to performance, not formation. Where a related contract has been partly executed to the knowledge of the other party, a plea of uncertainty will rarely succeed. The question whether Helmos could recover substantial damages (as opposed to nominal damages) was left open for the damages hearing, given the unresolved issue of whether Helmos was ready, willing and able to perform.
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