Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
SlideShare a Scribd company logo

Void agreement

•Download as PPTX, PDF•
•
Ajeet Singh
Ajeet Singh

This document discusses various types of agreements and contracts that are considered void under Indian law. It states that contracts that cannot be enforced in a court of law become void. Any trading or business activity with a person from a country India is at war with without a license is also void. Agreements to prevent legal prosecution, influence public officials, restrain marriage or legal proceedings, or induce corrupt behavior in judicial officers are also considered void as being against public policy. Wagering agreements that involve payment based on uncertain future events are additionally identified as void.

1 of 15
Void agreement
 Section 2 (j) states as follows: “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.  Thus a void contract is one which cannot be enforced by a court of law.
Void agreement
 Any trading or business activity with a person who owes allegiance to a Government of a country with whom India is at war without any license from Government of India is VOID.  This is because such a trade would be against the interest of Government of India and people of India.
 Any agreement to stifle or prevent illegally any prosecution is void as it would amount to abuse of justice.
 Champerty is bargain whereby one party agrees to assist the other in recovering property with a view to sharing the profit of litigation.  Maintenance is promotion of litigation in which the litigant has no interest.
 While appointing a person to certain important and high public office, merit alone should be the criteria.  Any attempt to influence or any agreement to influence anyone in this regard should be seen as an act ‘opposed to public policy’.
Void agreement
 Every agreement in restraint of marriage of any person other than a minor, is void.  If a person, being a major, agrees for good consideration not to marry, the promise is not binding.
 An agreement to negotiate a marriage for reward is void.  Such marriage brokerage contracts are opposed to public policy.
 An agreement in restraint of legal proceedings resulting in restriction of one’s right to enforce legal rights is void.
 Any agreement with the object of inducing a judicial officer or administrative officer of the state to act corruptly or not impartially is void. Example- A agrees to reward B if he abstains from being a witness in a suit against A is void.
 Any agreement through which a person is restrained from exercising a lawful profession, trade or business of any kind is to that extent void.  The object of this law is to protect trade.
 It involves payment of a sum of money upon the determination of an uncertain event. Example- A agrees to pay Rs 500 to B if it rains and similarly B agrees to pay A if it does not.
Void agreement

More Related Content

Void agreement

  • 2.  Section 2 (j) states as follows: “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.  Thus a void contract is one which cannot be enforced by a court of law.
  • 4.  Any trading or business activity with a person who owes allegiance to a Government of a country with whom India is at war without any license from Government of India is VOID.  This is because such a trade would be against the interest of Government of India and people of India.
  • 5.  Any agreement to stifle or prevent illegally any prosecution is void as it would amount to abuse of justice.
  • 6.  Champerty is bargain whereby one party agrees to assist the other in recovering property with a view to sharing the profit of litigation.  Maintenance is promotion of litigation in which the litigant has no interest.
  • 7.  While appointing a person to certain important and high public office, merit alone should be the criteria.  Any attempt to influence or any agreement to influence anyone in this regard should be seen as an act ‘opposed to public policy’.
  • 9.  Every agreement in restraint of marriage of any person other than a minor, is void.  If a person, being a major, agrees for good consideration not to marry, the promise is not binding.
  • 10.  An agreement to negotiate a marriage for reward is void.  Such marriage brokerage contracts are opposed to public policy.
  • 11.  An agreement in restraint of legal proceedings resulting in restriction of one’s right to enforce legal rights is void.
  • 12.  Any agreement with the object of inducing a judicial officer or administrative officer of the state to act corruptly or not impartially is void. Example- A agrees to reward B if he abstains from being a witness in a suit against A is void.
  • 13.  Any agreement through which a person is restrained from exercising a lawful profession, trade or business of any kind is to that extent void.  The object of this law is to protect trade.
  • 14.  It involves payment of a sum of money upon the determination of an uncertain event. Example- A agrees to pay Rs 500 to B if it rains and similarly B agrees to pay A if it does not.