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Auger v. Tasea Investment Co., 676 A.2d 18 (1996)

Citation
Auger v. Tasea Investment Co., 676 A.2d 18 (1996)
Parent Document
Auger v. Tasea Investment Co., 676 A.2d 18 (1996)
Jurisdiction
DC (municipal)
Effective Date
1996-05-16

Other Sections in This Document (120)

Full Text

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A contract will be unenforceable if its terms are so uncertain that a court cannot accurately assess damages. RESTATEMENT (SECOND) OF CONTRACTS § 33 cmt. b (1981). In this case, it is doubtful, as a matter of law, that the court could have enforced a "contract" in Tasea's favor had the parties merely agreed to a "reasonable rate" of rent without indicating what that meant or how it might be ascertained from time to time. Instead, the proper measure of damages would have been non-contractual: the reasonable value of Auger's use and enjoyment of the premises. See William J. Davis, Inc. v. Slade, 271 A.2d 412, 416 (D.C.1970) (landlord entitled to reasonable value of premises when court determines lease is void because of housing code violations). Here, the trial court made no finding that the $500 per month agreement had lawfully been terminated, let alone a finding that the reasonable value of the premises had increased in a particular amount.