Skip to content

CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

Meera Textiles Pvt Ltd (Surat) agrees in writing to sell to Rohan Traders "one hundred tons of oil" for a stated price. The agreement says nothing about the kind of oil, and nothing in the parties' dealings or trade indicates it. Meera Textiles deals in several kinds of oil. What is the legal position of this agreement?

The agreement is void for uncertainty. Section 29 of the Indian Contract Act makes void any agreement whose meaning is neither certain nor capable of being made certain. Since the kind of oil is unspecified and nothing indicates it, stating quantity and price does not save it.

  1. AValid, because the quantity and price are stated
  2. BVoid for uncertainty, because the meaning is neither certain nor capable of being made certainCorrect
  3. CVoidable at the option of Rohan Traders
  4. DValid, but only if registered

Explanation

Under Section 29 of the Indian Contract Act, 1872, agreements whose meaning is not certain, or capable of being made certain, are void. The type of oil is not specified and nothing indicates it, so the meaning cannot be made certain. A stated quantity and price do not cure the uncertainty about the subject matter. It is void, not merely voidable.

Did you get it right without looking?

One question tells you little. A timed set on Drafting of Agreements, Deeds and Documents shows your real accuracy, how long you take and where you lose marks.

Practise Drafting of Agreements, Deeds and DocumentsFree diagnostic mock

More Drafting of Agreements, Deeds and Documents questions