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A agrees to sell a hundred tons of oil to B, and there is nothing whatever to show what kind of oil was…

Section 29 makes an agreement void when its meaning is neither certain nor capable of being made certain. Illustration (a) gives the stated example. By contrast, in…

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A agrees to sell a hundred tons of oil to B, and there is nothing whatever to show what kind of oil was intended to be sold. Under Section 29 of the Indian Contract Act, 1872, the agreement is a:

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Answer and explanation

Correct answer D

Section 29 makes an agreement void when its meaning is neither certain nor capable of being made certain. Illustration (a) gives the stated example. By contrast, in illustration (b) the seller deals only in coconut oil, which identifies the subject matter.

Option feedback

Option A

Incorrect. Uncertainty of meaning under Section 29 does not make an agreement merely voidable at one party's option; it renders the agreement void ab initio.

Option B

Incorrect. Because the subject-matter ('what kind of oil') is uncertain and incapable of being ascertained from any surrounding circumstance, no valid contract comes into existence.

Option C

A's trade can identify the kind of oil in an appropriate case. Here the facts expressly exclude anything from which the kind of oil can be determined.

Option D

Correct. Under Section 29 of the Indian Contract Act, 1872, read with Illustration (a), an agreement to sell a hundred tons of oil without anything to show what kind of oil was intended is a 'Void agreement' on account of uncertainty.

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