Section 29 Indian Contract Act 1872
Section 24 of the Indian Contract Act 1872 is about Agreements void for uncertainty. It is under ‘Void agreements’ of CHAPTER II of the Act. CHAPTER II is titled OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS.
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 to B “all the grain in my granary at Ramnagar”. There is no uncertainty here to make the agreement void.
(e) A agrees to sell 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.
See also:
Section 28 Indian Contract Act 1872 (Agreements in restraint of legal proceeding void)
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