Section 30
Agreements void for uncertainty
Agreements, the meaning of which is not certain, or capable of being made certain, are void.
(a)
A agrees to sell to B “a hundred tons of oil”. There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty.
(b)
A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void.
(c)
A, who is a dealer in coconut oil only, agrees to sell to B “one hundred 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 one hundred tons of coconut oil.
(d)
A agrees to sell to B “all the grain in my granary at Ipoh”. There is no uncertainty here to make the agreement void.
*NOTE—See Appendix–Contracts (Amendment) Act 1976 [Act 32a] with respect to Scholarship
Agreements.
Contracts 29
(e)
A agrees to sell to B “one thousand 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.
(f)
A agrees to sell to B “my white horse for five hundred ringgit or one thousand ringgit”. There is nothing to show which of the two prices was to be given. The agreement is void.