The Council bulk purchased electricity from a generating authority and agreed to supply electricity to the Co with provision for a price variation in accordance with a formula which depended on changes in wages and cost of coal to the generating authority. A procedure was specified for arbitration to deal with any dispute or difference arising from the agreement. The quantification of all costs may be uncertain. If it is capable of a meaning, it will bear the meaning which the court or aribitrator thinks is its proper construction .
Construction is to ascertain and apply the intention of the parties.
Only where the language is so obscure and incapable of any definite or precise meaning, so that no intention could be attributed to the parties, would it be void for uncertainty. Narrow and pedantic approaches are not wanted in construction , particularly regarding commercial agreements. A contract to build a bridge at cost could not, in my opinion, be said to be void for uncertainty, or be meaningless or ambiguous. This site is maintained by the Electronic Publishing Group at UniServe Law . Use our comments form or an address in contact details .