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A agrees to sell B a hundred tons of oil. The agreement and surrounding facts provide no way to…

Section 29 makes an agreement void where its meaning is neither certain nor capable of being made certain. Illustration (a) uses a sale of oil of an unidentified kind.…

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A agrees to sell B a hundred tons of oil. The agreement and surrounding facts provide no way to identify the kind of oil intended. What is the status of the agreement under the Indian Contract Act, 1872?

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Answer and explanation

Correct answer C

Section 29 makes an agreement void where its meaning is neither certain nor capable of being made certain. Illustration (a) uses a sale of oil of an unidentified kind. Illustration (b) shows how the seller’s trade can make the intended kind certain.

Option feedback

Option A

The facts give no way to identify the subject matter as required by Section 29.

Option B

Section 29 makes the agreement void for uncertainty.

Option C

The type of oil cannot be made certain, so the agreement is void under Section 29.

Option D

The stated defect is uncertainty. Nothing in the facts makes the sale unlawful.

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