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An agreement, the meaning of which is neither certain nor is capable of being certain is -
Question

An agreement, the meaning of which is neither certain nor is capable of being certain is -

A.

Illegal

B.

Voidable

C.

Valid

D.

Void

Correct option is D


Under Section 29 of the Indian Contract Act, 1872, an agreement that is vague, uncertain, or not capable of being made certain is void. The law requires that the terms of the agreement be clear enough for the parties to understand their rights and obligations. If the meaning of the agreement is ambiguous and cannot be clarified, the agreement is considered void because it lacks the essential element of certainty required for a valid contract.
Information Booster:
· Void Agreement: A void agreement is one that is not enforceable by law from the outset. Such agreements lack one or more essential elements of a valid contract, such as a clear and certain meaning, lawful consideration, or the capacity to contract.
· Section 29 - Certainty of Meaning: According to this section, agreements whose terms are not certain, or are not capable of being made certain, are void. For an agreement to be enforceable, all parties involved must understand the terms in the same way.
Additional Knowledge:
1. Examples of Void Agreements Due to Uncertainty: An agreement to agree on a future date or an agreement to "do something nice" without specifying what "nice" entails would be void due to uncertainty.
2. Difference Between Void and Voidable Agreements:
· Void Agreements: These are never valid and are unenforceable by law from the beginning. An example is an agreement to do an illegal act.
· Voidable Agreements: These are valid and enforceable unless one of the parties chooses to void the agreement. An example is a contract entered into under duress.
3. Legal Consequences of a Void Agreement: Since a void agreement is unenforceable, no legal rights or obligations arise from it. Parties cannot sue for breach of a void agreement, and any consideration exchanged may be recoverable under the principle of restitution.
4. Importance of Certainty in Contracts: Certainty in contracts ensures that all parties have a clear understanding of their rights and obligations, which is essential for the enforceability of the contract. Without certainty, disputes can arise, leading to the agreement being declared void by the court.

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