27 - Certainty

What are the five requirements needed to make an enforceable contract? Certainty is certainly one of them! That is why, in this video, we will be explaining what certainty as to the terms of an agreement/contract is and how it is sometimes unachievable due to the use of ambiguous or unclear language (vagueness) and sometimes because of a deliberate move to leave terms out that can be decided at a later date (incompleteness). How these two situations may be connected is also something that is discussed while the court's stance in each situation is elaborated upon. In cases where the terms are vague or ambiguous, it is not the role of the courts to interpret the contract and thus, they would only act as if there was no contract in the first place. This is illustrated through G Scammell and Nephew Ltd. v Ouston (1941). However, in WN Hillas & Co. Ltd. v Arcos Ltd. (1932), the judges were able to imply terms i.e. interpret the contract and not declare it null and void.
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