Void Agreement: Void Agreements (Ss. 11, 20 To 30, 32, 36, 56-57 + 65) ... 50 Agreements Against Public Policy... 54

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 8

VOID AGREEMENT

Void Agreements (Ss. 11, 20 to 30, 32, 36, 56- 57 +


65)... 50
Agreements Against Public Policy... 54
• An agreement is void, i.e., unenforceable at law, due to
• (a) lack of capacity
• (b) mistake of fact, or
• (c) unlawful consideration or object, or
• (d) lack of consider
• (e) a combination of any two or more of these factors
• The following agreement expressly declared to be void under the
Contract Act, 1872:

1. Agreements by incompetent persons, e.g., a minor, or a person of


unsound mind :(S. 11).
2. Agreements made under a mutual mistake of fact (Ss. 20 and 22).
3. Agreements made under a mistake as to law (Ss. 21 and 65).
4. Agreements made for unlawful consideration or object (S. 23).
5. Agreements made for partly unlawful Consideration or Object (S. 24).
6. Agreements made without a consideration (S. 25).
7. Agreements made in restraint of marriage (S. 26)
8. Agreements made in restraint of lawful trade (S. 27)
9. Agreements made in restraint of legal proceedings (S. 28)
10. Agreements, the meaning of which is uncertain (S. 29)
11. Agreements made by way of wager (S. 30)
12. Agreements, contingent on an uncertain future event, if the
event impossible (S. 32)
13. Agreements, contingent on an impossible event (S. 36)
14.Agreement to do an act which subsequently becomes
impossible /unlawful (S 56)
15. Agreement to do legal things and also illegal things (S-57)
1) Agreement of which any part of a single consideration or
object is void-(part lawful part unlawful- severability)
2) Agreement in restraint of marriage (S-26)
3) Agreement in restraint of a lawful trade (S- 27)
• Business sold with goodwill (S- 27)- local limit/ reasonable time, similar business
• As long as partner remains partners
• On ceasing to be partner
• In anticipation of dissolution of firm
• Mode of conduct of a business
• Service agreement
• Negative stipulations in service contracts – service agreement and part of agreement in
restraint of trade and its consequences
4) Agreement in restraint of legal Proceedings (S- 28)
5) Agreement, the meaning of which is uncertain (S- 29)
6) Agreement made by way of a wager (S- 30)
what is not wager- games of skill, shares, statutory exception,
contract of insurance , badla, crossword or literary
competitions
Agreement against public policy
• Agreement of trading with Alien Enemies
• Agreement interfering with administrations of justice are void
• Agreement for interference with the course of justice
• Agreement for stifling prosecution
• Agreement for maintenance and champerty
• Agreement for sale of public offices and titles are void
• Agreement creating interest opposed to public duty are void
• Agreement restricting personal freedom are void
• Agreement interfering with parental rights and duties are void
• Agreement for marriage brokerage
• Agreement interfering with marital duties are void
• Agreement tending to create a monopoly
• Agreement for waiver of illegality or immorality are void
• Agreement between pleaders and clients are void
• Agreement to defraud creditors are void
• Agreement not to bid against one another are void

You might also like