Explain, with reasons, whether the following contracts are valid, voidable or void

b) Jacob and Vanessa had entered into an agreement for the sale of a cargo of durians arriving from Thailand to Malaysia. It turns out that both parties were not aware of the types of durians. One party thought it was Musang King and the other party thought it was D24.

Answer :

Being this situation, the agreement was not capable of being made certain,and it are void under Section 30 Contracts Act 1950. Like the illustration A that provided in Section 30, A agrees to sell B 'a hundred tons of oil'. There is nothing whatever to show what kind of oil was intended. So that the agreement is void for uncertainty.

Explanation :

In this case, the first problem was the sort of durians. the durian that had come from Thailand to Malaysia were misrepresented in the agreement. With that, where there is a misrepresentation on the deal, one of the main fields is that a deal becomes void. Second, the parties do not realize precisely what types are the durian, and so the parties were free to withdraw from this deal, which implies that this agreement was void.

So that, the agreement is void because, although there was legitimate intent to establish the arrangement or deal with certain parties, it means that the parties was unwilling to comply in compliance with the conditions provided for execution of the agreement within the scope of the agreement. There will also be a lack of specific performance and this would render the contract void.

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