Solve.
X agrees to sell to Y l00 tons of oil.
State the legal position of this agreement in each of the following alternative cases
Case (a) If X, who is a dealer in coconut oil only, decides to sell @ 10,000 per ton.
Case (b) If X is a dealer in coconut Oil and price is not fixed.
Case (C) If X is a dealer in coconut oil and price is to be fixed by Z.
Case (d) If X who is a dealer in coconut oil agrees to sell at Rs. 10,000 per ton or Rs 11,000 per ton.
Case (e) If X is a dealer in coconut oil and mustard oil.

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Solution

Solution: Section to which. the given problem relates: Section 29.
Case Decision Reason
(a) Valid There is no uncertainty as to the description of oil because the nature of Xs trade indicates that this contract is for sale of coconut oil.
(b) Valid There is no uncertainty because in this case a reasonable price shall be payable according to Section 2 of the Sale of Goods Act, 1930.
(c) Valid There is no uncertainty.because in this case the price fixed by Z shall be payable.
(d) Void There is no certainty as to which of the two price shall be payable.
(e) Void There is no certainty as to which of the two oils has been sold.

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An iron nail is kept in each of the following liquids. In which case would it lose its shine and appear dull ?

(a) Mustard oil

(b) Soft drink

(d) Kerosene

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Case	Decision	Reason
(a)	Valid	There is no uncertainty as to the description of oil because the nature of Xs trade indicates that this contract is for sale of coconut oil.
(b)	Valid	There is no uncertainty because in this case a reasonable price shall be payable according to Section 2 of the Sale of Goods Act, 1930.
(c)	Valid	There is no uncertainty.because in this case the price fixed by Z shall be payable.
(d)	Void	There is no certainty as to which of the two price shall be payable.
(e)	Void	There is no certainty as to which of the two oils has been sold.