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" or " a fair valuation" has been held to be unenforceable   Hall v Busst (1960) 104CLR 206. However, "a fair valuation" may survive.