25 Agreements Opposed To Public Policy-1

LIBEESH P C
Assistant professor in commerce

Department of commerce
TIPS CAS
Indian contract Act –
Agreements Opposed To Public Policy
Outcome
To understand the agreements opposed to public policy.
To analyze the agreements opposed to public policy.
AGREEMENTS OPPOSED TO PUBLIC POLICY
Public policy is that principle of law which holds that no citizen can lawfully do
that which has a tendency to be injurious to the public.
An agreement is said to be opposed to public policy when it is injurious to the

welfare of the society or it tends to prejudice the welfare of the society.
1. Trading with an alien enemy
2. Agreement for stifling prosecution
3. Maintenance and Champerty
4. Agreement for sale of public offices and titles
5. Marriage brokerage agreements
6. Agreement in restraint of personal liberty
7. Agreement in restraint of parental rights
8. Agreements tending to create interest opposed to duty
9. Agreements interfering with marital duties
10. Agreements to vary the period of limitation
11. Agreements to defraud creditors or revenue authorities
12. Agreement tending to create monopoly
13. Agreement to commit a crime
1. Trading with an alien enemy
All agreements made with an alien enemy are illegal on the

ground of public policy.
2. Agreement for stifling prosecution
An agreement which seeks to absolve an offender of criminal liability or

excuse him from prosecution or to withdraw a criminal case pending
against him is known as an agreement stifling prosecution.
3. Maintenance and Champerty
Any agreement which improperly promotes litigation isopposed to public

policy. Such agreements may be either maintenance or Champerty.
4. Agreement for sale of public offices and titles
The agreements for the sale or trafficking in public offices or to obtain

public title like Padma Shree etc., are illegal on the ground of being
opposed to public policy.
5. Marriage brokerage agreements
Agreements to procure marriages for reward, or agreement to pay money to

the parent or guardian of a minor in consideration of his consenting to give
the child in marriage, are void.
6. Agreement in restraint of personal liberty
An agreement which unduly restricts the personal liberty of any person

is void on the ground of being opposed to public policy.
7. Agreement in restraint of parental rights
An agreement which is inconsistent with the duties arising out of

such guardianship is void as being opposed to public policy.
8. Agreements tending to create interest opposed to duty
An agreement with a public servant which obliges him to do

something which is inconsistent with his official duty, shall be void
as being opposed to public policy.
9. Agreements interfering with marital duties
Any agreement which interferes with the performance of marital duties, it

is void.
For example, an agreement that the husband shall always live at the wife‟s
house was held to be void.
10. Agreements to vary the period of limitation
Agreements, the object of which is to curtail or extend the period of

limitation prescribed by the law of limitation, are void.
11. Agreements to defraud creditors or revenue authorities
The agreements, the object of which is to defraud the creditors or revenue

authorities are void as being opposed to public policy.
12. Agreement tending to create monopoly
An agreement, the object of which is to create

monopoly is illegal and void as being opposed to public policy.
13. Agreement to commit a crime
An agreement to indemnify a person against consequences of his

criminal act is void as opposed to public policy.
These act may be grouped under the following heads:

a) Agreements in restraint of marriage [Section 26].
b) Agreements in restraint of trade [Section 27].
c) Agreements in restraint of legal proceedings [Section 28].
Question
1. An agreement with a public servant which obliges him to do something which is
inconsistent with his official duty, shall be ……………. as being opposed to public policy.
Answer: void
2. An agreement which seeks to absolve an offender of criminal liability or excuse him

from prosecution or to withdraw a criminal case pending against him is known as
an……………………………
Answer: agreement stifling prosecution.
3. Agreements to procure marriages for reward, or agreement to pay money to the

parent or guardian of a minor in consideration of his consenting to give the child in
marriage, are….................
Answer: void
Question
4. Any agreement which interferes with the performance of marital duties, it
is……………………….
Answer: void
5. The agreements, the object of which is to defraud the creditors or revenue

authorities are ……………………………. as being opposed to public policy.
Answer: void

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LIBEESH P C

Assistant professor in commerce

An agreement is said to be opposed to public policy when it is injurious to the

All agreements made with an alien enemy are illegal on the

An agreement which seeks to absolve an offender of criminal liability or

3. Maintenance and Champerty

Any agreement which improperly promotes litigation isopposed to public

The agreements for the sale or trafficking in public offices or to obtain

Agreements to procure marriages for reward, or agreement to pay money to

6. Agreement in restraint of personal liberty

An agreement which unduly restricts the personal liberty of any person

7. Agreement in restraint of parental rights

An agreement which is inconsistent with the duties arising out of

An agreement with a public servant which obliges him to do

Any agreement which interferes with the performance of marital duties, it

Agreements, the object of which is to curtail or extend the period of

The agreements, the object of which is to defraud the creditors or revenue

An agreement, the object of which is to create

An agreement to indemnify a person against consequences of his

These act may be grouped under the following heads:

2. An agreement which seeks to absolve an offender of criminal liability or excuse him

3. Agreements to procure marriages for reward, or agreement to pay money to the

5. The agreements, the object of which is to defraud the creditors or revenue

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