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Indian Contract Act, 1872


29. Agreements void for uncertainty

Agreements, the meaning of which is not certain, or capable of being made certain, are void.

Illustrations

(a) A agrees to sell B "a hundred tons of oil". There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty.

(b) A agrees to sell B 100 tons of oil of a specified description, known as an article of commerce. There is no uncertainty there not make the agreement void.

(c) A who is a dealer in coconut-oil only, agrees to sell to B "100 tons of oil". The nature of A's trade affords an indication of the meaning of the words, and A has entered into contract for the sale of one hundred tons of coconut-oil.

(d) A agrees to sell to B "all the grain in my granary at Ramnagar". There is no uncertainty here make the agreement void.

(e) A agrees to sell to B "1000 maunds of rice at a price to be fixed by C". As the price capable of being made certain, there is no uncertainty here to make the agreement void.

(f) A agrees to sell to B "my white horse for rupees five hundred or rupees one thousand". There is nothing to show which of the two prices was to be given. The agreement is void.



Indian Contract Act, 1872 Back




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