Question

Given below is a statement of legal principle followed by factual situations. Apply the principle to the facts and select the most appropriate answer.

LEGAL PRINCIPLE: An agreement, the meaning of which is not certain, or capable of being made certain, is void.

FACTUAL SITUATION: A and B, who were brothers, entered into an agreement which stated that A would sell his entire share of the ancestral property to B. The agreement did not mention the specific details (like survey number) of the property.

Options

• The contract will be void since it is vague

• The contract will be void because it is not possible to ascertain the property which is being referred to

• The contract will be void since it is illegal

• The contract is valid since there is clarity about the property sought to be sold

Answer 1

The contract will be void because it is not possible to ascertain the property which is being referred to

Explanation:

The certainty of the contract is not explicit as the property an important part of the contract has not been described briefly. Again the certainty to the property is missing in the contract. Therefore it is not a valid contract and option "The contract will be void because it is not possible to ascertain the property which is being referred to" is correct.