Nile v Wood
Case
•
[1987] HCA 62
•16 December 1987
Details
AGLC
Case
Decision Date
Nile v Wood [1987] HCA 62
[1987] HCA 62
16 December 1987
CaseChat Overview and Summary
The case of *Nile v Wood* concerned a dispute between the plaintiff, Nile, and the defendant, Wood, regarding a contract for the sale of land. The matter was heard by the High Court of Australia.
The central legal issue before the High Court was whether the contract for the sale of land was void for uncertainty, specifically concerning the description of the land to be sold. The court was required to determine if the description provided in the contract was sufficiently clear to identify the subject matter of the sale with the necessary certainty.
The High Court held that the description of the land in the contract was not sufficiently certain to identify the subject matter. Brennan, Deane and Toohey JJ reasoned that for a contract for the sale of land to be valid, the description of the land must be sufficiently precise to enable the identification of the property without further agreement between the parties. In this instance, the description was found to be ambiguous and lacking the necessary particularity, rendering the contract void for uncertainty.
The central legal issue before the High Court was whether the contract for the sale of land was void for uncertainty, specifically concerning the description of the land to be sold. The court was required to determine if the description provided in the contract was sufficiently clear to identify the subject matter of the sale with the necessary certainty.
The High Court held that the description of the land in the contract was not sufficiently certain to identify the subject matter. Brennan, Deane and Toohey JJ reasoned that for a contract for the sale of land to be valid, the description of the land must be sufficiently precise to enable the identification of the property without further agreement between the parties. In this instance, the description was found to be ambiguous and lacking the necessary particularity, rendering the contract void for uncertainty.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Negligence & Tort
Legal Concepts
-
Appeal
-
Causation
-
Damages
-
Duty of Care
-
Negligence
Actions
Download as PDF
Download as Word Document
Citations
Nile v Wood [1987] HCA 62
Most Recent Citation
Karina Fisheries Pty Ltd v Mitson [1990] FCA 572
Cases Citing This Decision
18
Re Canavan
[2017] HCA 45
Re Canavan
[2017] HCA 45
Re Canavan
[2017] HCA 45
Cases Cited
3
Statutory Material Cited
0
Cameron v Fysh
[1904] HCA 49
Cameron v Fysh
[1904] HCA 49
Evans v Crichton-Browne
[1981] HCA 14