Arbitron, Inc. v. Tralyn Broadcasting, Inc.
United States Court of Appeals for the Second Circuit
400 F.3d 130 (2005)
Relevant factsFree
Arbitron's (plaintiff) licensing agreement with Tralyn (defendant) included an escalation clause letting Arbitron unilaterally raise the monthly fee if Tralyn or its successors acquired additional radio stations; after Tralyn was acquired by JMD, which controlled additional stations, Arbitron raised the fee and JMD refused to pay, and the district court found the clause impermissibly vague for lacking a formula to determine the new fee.
IssueFree
Whether a contract that allows one party to set the contract price at a later date, without further negotiations or agreement between the parties, is an impermissibly vague agreement to agree.
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