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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.    |
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