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by- 
Thakur College 
FYBMS/D/9051 
Abhishek Mishra
Content 
Void Agreement 
Unenforceable Agreement 
Illegal Agreement 
What is Fraud 
Unilateral Mistake 
Mutual Mistake 
When can a minor disaffirm a voidable contract?
Void Agreement 
Void Agreement : 
A void agreement has no legal bearing, and is unenforceable by law. 
Parties to a voided agreement have no responsibility or legal 
requirement to act as far as carrying out the terms of the agreement. 
• In which cases a contract can be void? 
 Lack of capacity. 
Mutual mistake of fact. 
Unlawful consideration or object. 
Agreements without consideration. 
Agreements in restraint of trade. 
Uncertain Agreement. 
Impossible acts. 
Agreements contingent on impossible event.
Unenforceable Agreement 
Unenforceable Agreement : 
An agreement which cannot be enforceable in the 
court of law because of technical defects are called 
unenforceable agreements. 
Example : 
Agreements which is made without registration or 
non-payment of necessary stamp duty.
Illegal agreement 
Illegal agreement: 
An illegal agreement, under the common law of contract, is one that 
the courts will not enforce because the purpose of the agreement is to 
achieve an illegal end. The illegal end must result from performance of 
the contract itself. 
Example : 
• agreements to commit crimes or torts 
• agreements that obstruct legal procedures 
• agreements that injure public service 
• agreements made without required license 
• agreements that restrain trade unreasonably
What is Fraud? 
Fraud: 
False representation or concealment of a material fact all of 
the following elements must be present for fraud to exist. 
The person making the false representation 
must know it is false or make it recklessly 
without regard to its possible falsity. 
The misrepresentation must be made with 
the intention of influencing the other person 
to act upon it. 
The misrepresentation or concealment must 
induce action and cause injury to the other party.
Two types of mistakes- 
Unilateral mistake 
One of the parties has an erroneous idea about the facts of a 
contract. 
For example :- in a contract for the sale of screws, one party may 
incorrectly believe that the word “screw” refers to Phillips-head 
screws, when in fact the term refers to standard-type screws. If only 
one party holds this mistaken belief, but the other is clear on the 
meaning of “screw”, then this could be called a unilateral mistake. 
On the other hand, if both parties believed that the word “screw” 
referred to nails, then this is an example of a mutual mistake. 
Unilateral mistakes also frequently involve prices, quantities, dates, 
and the description of goods or services.
Mutual mistake or bilateral mistake 
Both parties are wrong about some important facts 
For example :- a customer goes to the sample room of an interior 
decorator to select a carpet and asks the clerk to show him a navy 
carpet, which he subsequently purchases and takes with him. The sales 
slip notes that the carpet purchased is navy. When, upon examining 
the carpet in daylight, the customer discovers that it is black, not navy 
as he thought when he bought it, a mutual mistake would have 
occurred, since both the seller and buyer were in error concerning the 
correct color of the carpet sold. Since there had never been a true and 
complete meeting of the minds, no mutual assent was actually arrived 
at, and the buyer would be entitled to return the carpet and obtain a 
full refund.
When can a minor disaffirm a voidable contract? 
A minor can disaffirm a voidable contract any 
time while still a minor or within a reasonable 
time after reaching majority 
After reaching majority, a person may ratify a 
voidable contract made while a minor 
Ratification the approval of a voidable contract 
in its entirety
Void agreement / contract ppt

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Void agreement / contract ppt

  • 1. by- Thakur College FYBMS/D/9051 Abhishek Mishra
  • 2. Content Void Agreement Unenforceable Agreement Illegal Agreement What is Fraud Unilateral Mistake Mutual Mistake When can a minor disaffirm a voidable contract?
  • 3. Void Agreement Void Agreement : A void agreement has no legal bearing, and is unenforceable by law. Parties to a voided agreement have no responsibility or legal requirement to act as far as carrying out the terms of the agreement. • In which cases a contract can be void?  Lack of capacity. Mutual mistake of fact. Unlawful consideration or object. Agreements without consideration. Agreements in restraint of trade. Uncertain Agreement. Impossible acts. Agreements contingent on impossible event.
  • 4. Unenforceable Agreement Unenforceable Agreement : An agreement which cannot be enforceable in the court of law because of technical defects are called unenforceable agreements. Example : Agreements which is made without registration or non-payment of necessary stamp duty.
  • 5. Illegal agreement Illegal agreement: An illegal agreement, under the common law of contract, is one that the courts will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. Example : • agreements to commit crimes or torts • agreements that obstruct legal procedures • agreements that injure public service • agreements made without required license • agreements that restrain trade unreasonably
  • 6. What is Fraud? Fraud: False representation or concealment of a material fact all of the following elements must be present for fraud to exist. The person making the false representation must know it is false or make it recklessly without regard to its possible falsity. The misrepresentation must be made with the intention of influencing the other person to act upon it. The misrepresentation or concealment must induce action and cause injury to the other party.
  • 7.
  • 8. Two types of mistakes- Unilateral mistake One of the parties has an erroneous idea about the facts of a contract. For example :- in a contract for the sale of screws, one party may incorrectly believe that the word “screw” refers to Phillips-head screws, when in fact the term refers to standard-type screws. If only one party holds this mistaken belief, but the other is clear on the meaning of “screw”, then this could be called a unilateral mistake. On the other hand, if both parties believed that the word “screw” referred to nails, then this is an example of a mutual mistake. Unilateral mistakes also frequently involve prices, quantities, dates, and the description of goods or services.
  • 9. Mutual mistake or bilateral mistake Both parties are wrong about some important facts For example :- a customer goes to the sample room of an interior decorator to select a carpet and asks the clerk to show him a navy carpet, which he subsequently purchases and takes with him. The sales slip notes that the carpet purchased is navy. When, upon examining the carpet in daylight, the customer discovers that it is black, not navy as he thought when he bought it, a mutual mistake would have occurred, since both the seller and buyer were in error concerning the correct color of the carpet sold. Since there had never been a true and complete meeting of the minds, no mutual assent was actually arrived at, and the buyer would be entitled to return the carpet and obtain a full refund.
  • 10. When can a minor disaffirm a voidable contract? A minor can disaffirm a voidable contract any time while still a minor or within a reasonable time after reaching majority After reaching majority, a person may ratify a voidable contract made while a minor Ratification the approval of a voidable contract in its entirety