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Contract Farming

Given below i...

Question

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

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

FACTS: 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.

DECIDE

A

The contract will be void since it is vague.

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B

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

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C

The contract will be void since it is illegal.

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D

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

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Solution

The correct option is B The contract will be void because it is not possible to ascertain the property which is being referred to.
The certainty to 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 (b) is correct.

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Similar questions

Q. 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.

Q. Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Every agreement, by which any party is restricted absolutely from enforcing his right in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent. The law also provides that nobody can confer jurisdiction to a civil court by an agreement between parties.
Facts: A and B entered into a valid contract for rendering certain services. A clause in the contract was that in case of any dispute arose out of the contract; it shall be referred to for Arbitration only. Is the contract valid?

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

PRINCIPLE: An agreement is void to the extent that it restricts absolutely, a party from enforcing his contractual rights by usual proceedings in any ordinary court.

FACTS: A and B entered into a transaction in Delhi for sale of goods based in Delhi. The contract stated that in case of a dispute, only civil courts in Chennai would have jurisdiction. Neither A, nor B resided or carried on business in Chennai.

Q. Legal Principle: An agreement, the meaning of which is not certain, or capable of being made certain, is void.

Factual Situation: A purchased a horse from B and promised that if the horse was lucky to him, he would give Rs.50 more or he would purchase another horse.
Issue: Is there a valid contract between A and B?

Q. Assertion :The parties to the contract must be competent to contract otherwise it will be a void contract. Reason: All wagering agreements are void.

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