2. 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
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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 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
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5. 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
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6. 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
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7. 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
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8. 8.Uncertain agreement
The agreement which is not certain
not Capable of being certain
Factors for certainty
- Clear
- Complete
- determine
- Circumstantial evidence
Void Agreements
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9. 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
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10. 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
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11. 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
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