Agreements void for uncertainty
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Illustrations
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.
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.
A, who is a dealer in coconut-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 Coconut-oil.
A agrees to sell B "all the grain in my granary at 5[Rangpur]". There is no uncertainty here to make the agreement void.
A agrees to sell to B "one thousand mounds 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.
A agrees to sell to B "my white horse for Taka five hundred or Taka one thousand". There is nothing to show which of the two prices was to be given. The agreement is void.
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Section 28: Agreements in restraint of legal proceedings void Saving of contract to refer to arbitration dispute that may arise Suits barred by such contracts Saving of contract to refer questions that have already arisen
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Section 30: Agreements by way of wager void Exceptions in favour of certain prizes for horse-racing. Section 294A of the Penal Code not affected