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Toate cazurile
Contract Law
House of Lords
1941

Scammell v Ouston

[1941] AC 251

Ratio Decidendi

An agreement is void for uncertainty if its terms are so vague that they cannot be given a definite meaning. The court cannot make a contract for the parties where the essential terms are insufficiently certain.

Fapte

The parties agreed to purchase a van on 'hire-purchase terms'. No further details of the hire-purchase arrangement were specified.

Rezumatul hotărârii

The House of Lords held there was no binding contract. The term 'hire-purchase terms' was too vague — there were many possible hire-purchase arrangements and the court could not determine which one was intended.

Citate cheie

"There are in my opinion two grounds on which this appeal fails. First, the language used was so obscure and so incapable of any definite or precise meaning that the court is unable to attribute to the parties any particular contractual intention."

Viscount Maugham

Tratament ulterior

Good law

Classic authority on vagueness and uncertainty in contract formation.