body: In example 1, Becky must appoint an independent valuer. In example 2, the "mechanism failed" because Becky has not. 
  
  
  1. So isn't Becky liable for failing to appoint a valuer?
  2. Why "*May & Butcher* ought to apply and the contract would be void"?
  
  
  Poole, Shaw-Mellors. [*Contract Law Concentrate* (4 ed 2019)](https://www.amazon.co.uk/Contract-Law-Concentrate-Jill-Pool/dp/0198840446/ref=dp_ob_title_bk). p 32.
  
  
  
  > 
  > ### Practical example [1]
  > 
  > 
  > Alex agrees to sell his bicycle to Becky, price to be determined by independent valuers, one to be
  >  appointed by each of the parties. The terms are agreed as ‘those usually operating in the sale of bicycles’.
  > 
  > 
  > 
  
  
  p. 33
  
  
  
  > 
  > Incomplete agreements
  > =====================
  > 
  > 
  > The agreement may leave an essential matter (such as price) either undecided or impossible
  >  to calculate so that the courts will not enforce that agreement.
  > 
  > 
  > When the price is missing
  > -------------------------
  > 
  > 
  > If there is no mechanism in the contract for fixing the price (i.e. nothing is said about the
  >  price), then statute may provide for a ‘reasonable price’.  
  > 
  >        Section 8(1) of the Sale of Goods Act (SGA) 1979 provides that, in a contract of sale, the
  >  contract may fix the price for goods or provide a mechanism for fixing the price. Where, however,
  >  there is no such mechanism, the buyer must pay a reasonable price: s. 8(2). Similarly,
  >  with contracts for services, s. 15 of the Supply of Goods and Services Act (SGSA) 1982 states
  >  that where there is no mechanism for fixing the charge for a service, a reasonable charge is
  >  payable (B2B contract) and s. 51 of the Consumer Rights Act (CRA) 2015 contains a similar
  >  provision requiring a reasonable price to be paid for a service in B2C contracts. Section 8
  >  SGA also extends to cover contracts of sale in the B2C context—there being (unlike with
  >  contracts for services) no corresponding provision in the CRA.  
  > 
  >        However, if there is a mechanism for fixing the price but it has not been implemented, s. 8
  >  SGA, s. 15 SGSA, and s. 51 CRA cannot apply to allow the implication of a reasonable price.
  > 
  > 
  > 
  > > 
  > > ### *May & Butcher Ltd v R* (1934) (HL)
  > > 
  > > 
  > > **FACTS:** The contract provided for the price to be agreed upon by the parties from time to time. There
  > >  was no party agreement.
  > > 
  > > 
  > > **HELD:** The contract contained a mechanism for fixing the price but this had failed. Therefore, the
  > >  argument that the agreement should be construed as an agreement to sell at a fair or reasonable
  > >  price was rejected.
  > > 
  > > 
  > > 
  > 
  > 
  > ### Practical example [2]
  > 
  > 
  > The agreement between Alex and Becky provides a mechanism for fixing the price. If that has worked
  >  and there is an agreed price, then the terms are certain.
  >  But what if Alex has appointed a valuer but Becky has not and is instead claiming that a ‘reasonable
  >  price’ should apply? Technically the mechanism has failed, *May & Butcher* ought to apply and
  >  the contract would be void.
  > 
  > 
  > 
  
  
  
title: If you agree to appoint a valuer but then don't, why aren't you liable?