The facts of a case are only determined in a binding manner once a dispute has been adjudicated. Before that, parties to a contract regularly have to make their decisions based on uncertain grounds, which bears the risk of - in hindsight - wrong assessments that can damage the opposing party. Can a party be held liable for the consequences of such an uncertainty? Holger Kall assesses the criteria necessary for an adequate distribution of the "uncertainty risk" between the parties to a sales contract.