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84-2a-204. Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.

(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.

(3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.

History: L. 1991, ch. 295, ยง 13; February 1, 1992.

KANSAS COMMENT, 1996

This section, taken from 84-2-204 with changes only to make the provision applicable to leases, continues the Code's liberal policy toward contract formation. See 1996 Kansas Comments to 84-2-204 for further discussion. Although Article 2A, unlike Article 2, does not contain extensive "gap-filler" provisions, courts may be able to turn to other sources, such as usage of trade, course of dealing, or course of performance, to fill in open terms.


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