Void agreement


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Void agreement

  1. 1.  Section 2 (j) states as follows: “A contractwhich ceases to be enforceable by lawbecomes void when it ceases to beenforceable. Thus a void contract is one which cannotbe enforced by a court of law.
  2. 2.  Any trading or business activity with aperson who owes allegiance to aGovernment of a country with whomIndia is at war without any license fromGovernment of India is VOID. This is because such a trade would beagainst the interest of Government ofIndia and people of India.
  3. 3.  Any agreement to stifle or preventillegally any prosecution is void as itwould amount to abuse of justice.
  4. 4.  Champerty is bargain whereby oneparty agrees to assist the other inrecovering property with a view tosharing the profit of litigation. Maintenance is promotion of litigation inwhich the litigant has no interest.
  5. 5.  While appointing a person to certainimportant and high public office, meritalone should be the criteria. Any attempt to influence or anyagreement to influence anyone in thisregard should be seen as an act‘opposed to public policy’.
  6. 6.  Every agreement in restraint of marriageof any person other than a minor, is void. If a person, being a major, agrees forgood consideration not to marry, thepromise is not binding.
  7. 7.  An agreement to negotiate a marriagefor reward is void. Such marriage brokerage contracts areopposed to public policy.
  8. 8.  An agreement in restraint of legalproceedings resulting in restriction ofone’s right to enforce legal rights is void.
  9. 9.  Any agreement with the object ofinducing a judicial officer oradministrative officer of the state to actcorruptly or not impartially is void.Example- A agrees to reward B if heabstains from being a witness in a suitagainst A is void.
  10. 10.  Any agreement through which a personis restrained from exercising a lawfulprofession, trade or business of any kind isto that extent void. The object of this law is to protect trade.
  11. 11.  It involves payment of a sum of moneyupon the determination of an uncertainevent.Example- A agrees to pay Rs 500 to B if itrains and similarly B agrees to pay A if itdoes not.