Professional Documents
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A C T,1872
Presented by:
Shivaang
Shivam
Shrutika
Shubham
Sonal
Sonali
Tanya
CLARITY
A G R EEM EN T V O ID FO R
U N C ER TA IN TY
Agreement, the meaning of which is
not certain, or capable of being
made certain, are void.
IN CO M PLETN ESS
When parties have failed to
term
IN CO M PLETN ESS D U E TO
O M ISSIO N S
Omission of essential
without saying
It must be capable of clear expression
It must not contradict any express
term of the contract
C A S E S TU D Y 1
FACTS:
ISSUE:
Did a lack of explicit agreement on the condition
of acceptance mean that there was no contract?
HELD:
A valid contract existed as meaningless clauses are
irrelevant
Denning LJ: there were no usual conditions of
acceptance and so it is said that those words
are meaningless, that there is nothing to
which they can apply, and that, therefore,
there was never any contract between the
parties. In my opinion, a distinction must be
drawn between a clause which is meaningless
and a clause which is yet to be agreed. A
C A S E S TU D Y 2
S C A M M ELL V O U S TO N 1941
Held:
H O W C A N A M B IG U O U S C O N TR A C T
B E AV O ID ED
WRITING: its best to put all the contract terms in writing.
Different Meanings: if a particular term or phrase has two
meanings,make sure that its means the same meaning for both
parties and make a note of any alternative meaning.
Other document: Attach any other related document to
REFEREN CES
Singh Avtar:Principles of mercantile
TH AN K YO U