Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 238 views

    Agreements Opposed To Public Policy

    Uploaded by

    John Koshy
    The document discusses various types of agreements that are opposed to public policy and therefore cannot be enforced. It explains that agreements creating interest against duty, tending to create monopolies, to commit a crime, in restraint of parental rights, restricting personal liberty, or to defraud creditors are all considered void and unenforceable because they violate public policy. Specific examples are provided for agreements involving trading with enemies, traffic in public offices, maintenance and champerty, and agreements creating secret profits for agents.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Agreements Opposed To Public Policy

    Uploaded by

    John Koshy
    238 views10 pages
    The document discusses various types of agreements that are opposed to public policy and therefore cannot be enforced. It explains that agreements creating interest against duty, tending to create monopolies, to commit a crime, in restraint of parental rights, restricting personal liberty, or to defraud creditors are all considered void and unenforceable because they violate public policy. Specific examples are provided for agreements involving trading with enemies, traffic in public offices, maintenance and champerty, and agreements creating secret profits for agents.

    Original Description:

    Introduction to Agreements opposed to public policy

    Original Title

    Agreements Opposed to Public Policy

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses various types of agreements that are opposed to public policy and therefore cannot be enforced. It explains that agreements creating interest against duty, tending to create monopolies, to commit a crime, in restraint of parental rights, restricting personal liberty, or to defraud creditors are all considered void and unenforceable because they violate public policy. Specific examples are provided for agreements involving trading with enemies, traffic in public offices, maintenance and champerty, and agreements creating secret profits for agents.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    238 views10 pages

    Agreements Opposed To Public Policy

    Uploaded by

    John Koshy
    The document discusses various types of agreements that are opposed to public policy and therefore cannot be enforced. It explains that agreements creating interest against duty, tending to create monopolies, to commit a crime, in restraint of parental rights, restricting personal liberty, or to defraud creditors are all considered void and unenforceable because they violate public policy. Specific examples are provided for agreements involving trading with enemies, traffic in public offices, maintenance and champerty, and agreements creating secret profits for agents.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 10

    Agreements Opposed to

    Public Policy
    A presentation by Nabeela Ahmed
    2 Contents

     Agreements Opposed to Public Policy


     Agreements Creating Interest Against Duty
     Agreements Tending to Create Monopolies
     Agreement to Commit a Crime
     Agreements in Restraint of Parental Rights
     Agreements Restricting Personal Liberty
     Agreement to Defraud Creditors

    A presentation by Nabeela Ahmed


    3 Agreements Opposed to Public Policy

     An agreement which is opposed to “Public Policy” cannot be


    enforced by either of the parties to it. Public Policy is the “Policy of
    the Law”. The question as to whether an agreement is opposed to
    public policy or not is to be decided on general principles only and
    not by considering the terms of any particular contract.
     The Courts ought to be very cautious in deciding a question of
    public policy. The doctrine must be applied with necessary
    variation. Each case has to be decided on its own facts. Some of
    the agreements which are opposed to public policy are briefly
    explained below with examples.

    A presentation by Nabeela Ahmed


    4 Agreements Opposed to Public Policy
    (Cont.)

     Trading with Enemies


    All trade with enemies is against public policy. Thus, it is unlawful and is void.
    However, if a contract is made during peace times and later on war breaks
    out, one of the two things may result, Either the contract is suspended or it
    stands dissolved depending upon the intention of the parties to contract.
     Traffic in Public Offices
    Agreements entered into for using corrupt influence in procuring Government
    jobs, titles or honours are unlawful and therefore are not enforceable. This is
    because, if such agreements are valid, corruption will increase and lead to
    inefficiency in public services.
    Example: A paid B, a public servant a certain sum of money inducing him to
    retire from service, this paving the way for A to be appointed in his place. The
    agreement was held to be void.
    A presentation by Nabeela Ahmed
    5 Agreements Opposed to Public Policy
    (Cont.)

     Maintenance and Champerty


    Maintenance and champerty agreements are against public policy. So they
    are void. Maintenance agreements are those agreements whereby a person
    promises to maintain a suit in which he has no interest. Champerty agreement
    is one whereby a person agrees to share the results of litigation.
    The difference between maintenance and champerty agreements lies in their
    object. The object of maintenance agreement is to encourage or foment
    litigation, whereas the same in Champerty agreement is sharing the proceeds
    of the litigation.
    In England, both of these agreements are illegal and unenforceable.
    However, in India, only those agreements which appear to be made for
    purposes for gambling in litigation and for injuring or oppressing others, by
    encouraging unholy litigation, will not be enforced but not all maintenance
    and champerty agreements.

    A presentation by Nabeela Ahmed


    6 Agreements Creating Interest Against
    Duty
    If an agreement is entered into by a person whereby he is
    bound to do something which is against his public duty,
    the agreement is void on the ground of public policy. For
    e.g., an agreement by an agent to get secret profits shall
    be void as it is opposed to public policy. Similarly, an
    agreement by a Government servant for the purchase of
    land situated within his circle is illegal as opposed to public
    policy.

    A presentation by Nabeela Ahmed


    7 Agreements Tending to Create
    Monopolies
    Agreements tending to create monopolies are against
    public policy and hence are void. However, in matter like
    vegetables, monopoly rights can be given to one person
    excluding others.

    A presentation by Nabeela Ahmed


    8 Agreements to Commit a Crime

    If in an agreement, the consideration is committing a


    crime, the agreement is opposed to public policy and is
    void. Similarly, an agreement to indemnify a person
    against consequences of his criminal act is unenforceable
    being opposed to public policy.

    A presentation by Nabeela Ahmed


    9 Agreements to Defraud Creditors

    An agreement which is made with an intention to defraud


    the creditors or revenue authorities is not enforceable as it
    is opposed to public policy.

    A presentation by Nabeela Ahmed


    10

    Thank You

    A presentation by Nabeela Ahmed

    You might also like