Scammell v Ouston
[1941] AC 251
Independent editorial summary โ not the official judgment. Read the full judgment via the source link.
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.
Facts
The parties agreed to purchase a van on 'hire-purchase terms'. No further details of the hire-purchase arrangement were specified.
Judgment Summary
The House of Lords held there was no binding contract. The term 'hire-purchase terms' was too vague โ there were many possible hire-purchase arrangements and the court could not determine which one was intended.
Key Quotes
"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."
โ Viscount Maugham
Subsequent Treatment
Classic authority on vagueness and uncertainty in contract formation.
What To Do Next
Step-by-Step Guides
Know Your Rights
Get Professional Help