Void
Agreements
45
 Section :24 to 30c
 Definition :
 A promise or set of promises forming
consideration for each other
 Void :
Not enforceable
Invalid
Void Agreement :
 Definition :
An agreement not enforceable under the
law
Agreement
01
 1.Unlawful object
 2.Unlawful consideration
 3.Consideration partly unlawful
The agreement is void
To the extent of illegality
The legal part will be enforceable
 4.Agreement without consideration
Exception:
i-- Agreement on account of nature love and affection
Requirement .
- In writing
- Registered
- Natural love and affection
- They must be in near relation
Void Agreements
02
Exception
 4.Agreement without consideration
Exception:
 ii—Agreement to compensate for past service
Requirement :
-The past service must be voluntarily done
-The service be done for the promisor
-The promisor must be inexistence at the time of
service
-The intention of the promisor must be to compensate
-The past service must be legal
iii-- Agreement to create agency
iv-- Agreement to give something as gift
Requirement :
-The transaction must be complete
When the possession is handed over to the donee
04
Exception
 4.Agreement without consideration
Exception:
V--Agreement to pay a time barred debt
Requirements:
- The debt must be time barred
- The promisor himself must be liable for the debt
- The promise must be in writing
- The promise must be signed by the debtor or
his agent
05
 5. An Agreement in restraint of marriage
 Exception:
Minor
 6. An Agreement in restraint of trade
 Exceptions:
 i-Similar business
 Requirements :
 - Local limit
 - Reasonable limit
 (question of fact )
 - Court will determine the reasonable limit
 - According to the nature of business
 ii-Service contract
 iii-Partner agreement
Void Agreements
06
 7.Agreement an restraint of legal proceeding
--- Interpretation
- Prohibit judicial proceeding
- Reduced the period of limitation
Exceptions
I -Reference to arbitration
ii -Refer to arbitration in future
Requirements
- In writing
- signed
Void Agreements
07
 8.Uncertain agreement
The agreement which is not certain
not Capable of being certain
 Factors for certainty
- Clear
- Complete
- determine
- Circumstantial evidence
Void Agreements
08
 9.Agreement by way of wager
Meaning :
A bet
Definition :
An agreement to pay money or
Money worth
Essentials:
 Must be a promise to money or money worth
 The promise must be conditional on happening or non happening of
an event
 The event must be un certain
 The parties should have no interest in the happening of an event
 The interest must be in betting amount only
 The scientific calculation of the event is not possible
Void Agreements
09
 9. Agreement by way of wager :
Exception :
i. certain prices for the winner of horse
racing
-- Plate
-- Prize
 Consequences
- Agreement is void
- No suit is maintainable
Void Agreements
10
 10.collateral to wagering agreement
Interconnected agreement
Security
Guarantee etc
Exception :
- Not in picture
- Not knowingly made
11.Agreement for impossible act
Ex:
To discover treasure by magic
12. Agreement contingent on impossible event
Ex
Aamir agrees with Asad to pay Rs 5000 if three straight lines draw in
space
Exception :
Lotteries (having GOVT patronage )
Insurance contract
Void Agreements
11
Thank You

Void agreement

  • 1.
  • 2.
     Section :24to 30c  Definition :  A promise or set of promises forming consideration for each other  Void : Not enforceable Invalid Void Agreement :  Definition : An agreement not enforceable under the law Agreement 01
  • 3.
     1.Unlawful object 2.Unlawful consideration  3.Consideration partly unlawful The agreement is void To the extent of illegality The legal part will be enforceable  4.Agreement without consideration Exception: i-- Agreement on account of nature love and affection Requirement . - In writing - Registered - Natural love and affection - They must be in near relation Void Agreements 02
  • 4.
    Exception  4.Agreement withoutconsideration Exception:  ii—Agreement to compensate for past service Requirement : -The past service must be voluntarily done -The service be done for the promisor -The promisor must be inexistence at the time of service -The intention of the promisor must be to compensate -The past service must be legal iii-- Agreement to create agency iv-- Agreement to give something as gift Requirement : -The transaction must be complete When the possession is handed over to the donee 04
  • 5.
    Exception  4.Agreement withoutconsideration Exception: V--Agreement to pay a time barred debt Requirements: - The debt must be time barred - The promisor himself must be liable for the debt - The promise must be in writing - The promise must be signed by the debtor or his agent 05
  • 6.
     5. AnAgreement in restraint of marriage  Exception: Minor  6. An Agreement in restraint of trade  Exceptions:  i-Similar business  Requirements :  - Local limit  - Reasonable limit  (question of fact )  - Court will determine the reasonable limit  - According to the nature of business  ii-Service contract  iii-Partner agreement Void Agreements 06
  • 7.
     7.Agreement anrestraint of legal proceeding --- Interpretation - Prohibit judicial proceeding - Reduced the period of limitation Exceptions I -Reference to arbitration ii -Refer to arbitration in future Requirements - In writing - signed Void Agreements 07
  • 8.
     8.Uncertain agreement Theagreement which is not certain not Capable of being certain  Factors for certainty - Clear - Complete - determine - Circumstantial evidence Void Agreements 08
  • 9.
     9.Agreement byway of wager Meaning : A bet Definition : An agreement to pay money or Money worth Essentials:  Must be a promise to money or money worth  The promise must be conditional on happening or non happening of an event  The event must be un certain  The parties should have no interest in the happening of an event  The interest must be in betting amount only  The scientific calculation of the event is not possible Void Agreements 09
  • 10.
     9. Agreementby way of wager : Exception : i. certain prices for the winner of horse racing -- Plate -- Prize  Consequences - Agreement is void - No suit is maintainable Void Agreements 10
  • 11.
     10.collateral towagering agreement Interconnected agreement Security Guarantee etc Exception : - Not in picture - Not knowingly made 11.Agreement for impossible act Ex: To discover treasure by magic 12. Agreement contingent on impossible event Ex Aamir agrees with Asad to pay Rs 5000 if three straight lines draw in space Exception : Lotteries (having GOVT patronage ) Insurance contract Void Agreements 11
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