Contract Act, 1872

Contract Act, 1872 — Section 29: Agreements void for uncertainty

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 to 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 to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void.

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

(d)A agrees to sell B “all the grain in my granary at 2[Rahimyarkhan]”. There is no uncertainty here to make the agreement void.

(e)A agrees to sell to B “one thousand maunds of rice at a price to be fixed by C”. As the price is 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.

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.