Can a contract be void for vagueness?
Ontario, Canada
The following excerpt is from Hinschberger v Welsh, 2012 CanLII 98283 (ON SCSM):
16. A contract will be void for vagueness if it fails to include reasonable certainty as to the essential elements of (i) the parties to the contract, (ii) the property to be conveyed, and (iii) the price: McKenzie v. Walsh (1920), 1920 CanLII 72 (SCC), 61 S.C.R. 312. In cases where the parties’ agreement is eventually found to lack the necessary degree of certainty, it will often be the case, as in the case at bar, that the parties themselves believed they formed a legally-valid contract. In effect the court finds their mutual belief of fact to have been wrong in law.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (Ontario, Canada)
What is the test for an application to set aside a contract where the husband alleges that the wife pressured him into signing the contract? (Ontario, Canada)
What is the test for a contract where there is no "time is of the essence" clause in the contract? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
Does the doctrine of contemporaneous exposition apply to a contract where the contract states that the assessment contemplated was the assessment upon which taxes would be imposed in the next year? (Ontario, Canada)
