Contract with an Unascertainable Price: Beware the Unseen Trap
contract bar_exam intermediate trick_questionA is the owner of a rare book. B offers to purchase the book for a 'price to be determined by an expert'. A agrees, not knowing the current market value. The expert assesses the book's value to be โน2 lakhs. Can B now rescind the contract, or is A bound by the expert's valuation?
Most students get this wrong. They'll say B can rescind, citing 'unascertainable' price as a condition that fails. However, think again. This deal isn't about the price, but the method of price determination. The expert's valuation is now a part of the contract due to the 'price to be determined' clause. Don't be fooled by the seeming ambiguity. This is a common trap that catches even the best students off guard.
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"Khuch sahi kahta hoon, aapki article bahut achi hai! Maine bhi aisa contract ka mada se aakel hai aur yeh post mujhe seekha hua hai. Aapne bahut hi sacha jankari di hai, khud bhi bahut kuch seekha. Unascertainable price wale contract aam taur par hamesha aapko khaatam kar sakti hai.