UCC 1-304 states that every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. According to UCC 2-103(1)(b), good faith, for a merchant, means both honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. In other words, merchants are held to a higher standard of performance or duty than are nonmerchants under the UCC.

1. Discuss how the UCC framework creates a sales contracting environment that promotes commerce rather than one that encourages parties to find ways to back out of an agreement? If you believe there is an ethical or morale aspect to the UCC framework, explain.
2. Under the UCC, a contract will not fail for indefiniteness even if one or more terms are left open, as long as the parties intended to make a contract. However, identify the one term that must be included in a contract for a court to recognize the contract. Also, discuss how the tenets embodied in UCC 2-103(1)(b) are used by courts to enforce contracts in which several terms remain open or unspecified.