California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 1 — Nature of a Contract, Chapter 5 — Consideration, Section 1613

Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code.

Notes

Establishes that only the consideration-determination provision is void when a contract’s exclusive method appears possible on its face but is, or later becomes, impossible to execute. The rest of the contract is not invalidated by that failure, and the rule exempts cases governed by the two specified statutory provisions.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1613 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-1/chapter-5/section-1613

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