30. Agreements void for uncertainty

Agreements, the meaning of which is not certain, or capable of being made certain, are void.

Illustrations

A agrees to sell to B “100 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 100 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 “100 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 100 tons of coconut oil.

A agrees to sell to B “all the grain in my granary at Tutong”. There is no uncertainty here to make the agreement void.

A agrees to sell to B “1,000 gantangs 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 $500 or $1,000”. There is nothing to show which of the two prices was to be given. The agreement is void.