Chapter II - Of Contracts, Voidable Contracts and Void Agreements
Section 29
Section 29: Agreements void for uncertainty
An agreement needs a meaning that is certain or can be made certain. The Act illustrates how context can resolve ambiguity.
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This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Illustration (a): A agrees to sell to B “a hundred tons of oil”. There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty.
Illustration (b): A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void.
Illustration (c): A, who is a dealer in cocoanut-oil only, agrees to sell to B “one hundred tons of oil”. The nature of A’s trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of cocoanut-oil.
Illustration (d): A agrees to sell to B “all the grain in my granary at Ramnagar”. There is no uncertainty here to make the agreement void.
Illustration (e): A agrees to sell B “one thousand maunds of rice at a price to be fixed by C”. As the price is capable of being made certain, there is no uncertainty here to make the agreement void.
Illustration (f): A agrees to sell to B “my white horse for rupees five hundred or rupees one thousand”. There is nothing to show which of the two prices was to be given. The agreement is void.
Introduction
Section 29 makes an agreement void when its meaning is neither certain nor capable of being made certain.
The Act contrasts an unspecified “hundred tons of oil” with oil of a specified commercial description. Context can therefore matter if it makes the subject ascertainable.
Key takeaways
Uncertainty test
Ask whether the term is certain or objectively capable of being made certain.
Commercial description
A recognized description can remove uncertainty.
Apply the rule
Identify the unclear term and the evidence said to make it certain.
Specify goods, quantity, quality or reference documents where the transaction requires them.
Illustration
A purchase order for “100 tons of oil” without any way to identify the type resembles the Act’s void illustration; a stated trade grade may change the result.
Practical checklist
Do
- Define uncertain goods or terms using objective specifications.
- Preserve trade descriptions and reference documents.
Avoid
- Do not rely on an undefined term that cannot be made certain.
Frequently asked questions
Is every incomplete term fatal?
No. The section also allows a meaning capable of being made certain.
Why identify trade descriptions?
The Act’s own illustration treats oil of a specified commercial description differently from wholly unspecified oil.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026