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Under section 29 of the Indian Contract Act, 1872, assess these agreements for uncertainty. Statement…

Section 29 voids an agreement when its meaning is neither certain nor capable of being made certain. Illustration (a) treats an unidentified kind of oil as uncertain, while…

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Under section 29 of the Indian Contract Act, 1872, assess these agreements for uncertainty.

Statement I. An agreement to sell 100 tons of oil is void if nothing identifies the kind of oil intended.

Statement II. An agreement to sell the seller’s only white horse for ₹1,000 is void for uncertainty even though both parties can identify that horse.

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Answer and explanation

Correct answer C

Section 29 voids an agreement when its meaning is neither certain nor capable of being made certain.

Illustration (a) treats an unidentified kind of oil as uncertain, while illustrations (b) and (c) show that description or circumstances can identify the oil.

An identifiable horse and a stated price remove the uncertainty tested in the second agreement.

Option feedback

Option A

The horse is identified and the price is stated, so Statement II is false.

Option B

The kind of oil cannot be determined from the agreement or context, so Statement I is true.

Option C

The unspecified oil is uncertain, while the identifiable horse and fixed price avoid that uncertainty.

Option D

The two statements have the reverse truth values because the oil is unidentified and the horse is identifiable.

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