UNCERTAINTY
- CONTRACT
The
courts will uphold a contract if at all possible. However, if the
language used cannot be given on construction a sufficiently precise
and clear meaning the contract must be void for uncertainty. If some
vital part of the agreement is yet to be agreed upon there is no
complete agreement and therefore, no contract. However, the courts
may accept terms which appear to the layman to be vague if they have
sufficient meaning for a businessman. An agreement to sell land at "a
reasonable price" has been held
to be unenforceable Hall v Busst (1960) 104CLR 206.
However, "a fair valuation" may survive.