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Corporate Legal 
Environment 
Assignment 
Submitted to- Mr. Gurpratap Singh 
Submitted by- Tania Goel 
Roll no- 1331878
VOID AGREEMENTS 
Void agreements are those agreements which 
are not enforced by law courts. Section 2(g) of 
the Indian Contract Act defines a void 
agreement as, "an agreement not enforceable 
by law”. Thus no legal rights or obligations arise 
out of a void agreement and the parties to the 
contract do not get any legal redress in the case 
of void agreements. It is void ab initio i.e. from 
its very inception, for example an agreement 
without consideration or with minor.
VOID CONTRACT 
Void contract is defined by Section 2(j) viz., a 
contract which is legally enforceable when entered but 
become void due to supervening impossibility of 
performance. 
A void contract is not void from the beginning, it becomes 
void at a subsequent stage due to the occurrence of an 
event or change in the original conditions. This may 
illustrated with the help of an example. A, an Indian, enters 
into a contract with B, a Pakistani national, to supply woolen 
carpets after three months. After some time war breaks out 
between India and Pakistan. The contract in between A & B 
shall become void at the outbreak of war.
Difference between 
a Void 
Agreement and a 
Void Contract
BASIS OF DIFFEREN 
CE 
VOID 
AGREEMENT 
VOID CONTRACT 
Void ab-intio It is void from 
the very 
beginning. 
It is valid when made and continues to 
remain valid till it is repudiated by the 
aggrieved party. It becomes unenforceable 
later on. 
Which essential 
element of contract is 
missing? 
It is void 
because an 
essential 
element of a 
valid contract is 
missing. 
It is voidable because the consent of a party 
is not free. 
Enforceability It cannot be 
enforced by any 
party. 
It continues to be enforceable if the 
aggrieved party does not repudiate the 
contract. 
Right of third party Third party 
does not 
acquire any 
rights. 
A third party who purchases goods in good 
faith and for consideration before the contract 
is repudiated acquires good title of those 
goods. 
Effect of lapse of 
Even on the 
On the expiry of reasonable time, it may
BASIS OF DIFFERE 
NCE 
VOID AGREEMENT VOID CONTRACT 
Treatment Void agreements have been 
specifically stated in Chapter 
II of the act under Sections 
11, 20, 23, to 30, and 56. 
No such specific mention is 
made for void contract in any 
Chapter of the Act. 
Rights A void agreement does not 
create any legal right or 
obligation upon the parties to 
the agreement. 
On the other hand, a void 
contract does create a right and 
an obligation upon the 
parties. A party to the void 
contract is within his rights to 
get back the benefit which he 
had given to the other party in 
terms of money, goods or 
services and the other 
party enjoying such benefit 
under a void contract is placed 
under an obligation to 
return that benefit to him. 
Damage The question of damages 
does not arise. 
The aggrieved party can claim 
damages.

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Tania.difference between void contracts and void agreement

  • 1. Corporate Legal Environment Assignment Submitted to- Mr. Gurpratap Singh Submitted by- Tania Goel Roll no- 1331878
  • 2. VOID AGREEMENTS Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, "an agreement not enforceable by law”. Thus no legal rights or obligations arise out of a void agreement and the parties to the contract do not get any legal redress in the case of void agreements. It is void ab initio i.e. from its very inception, for example an agreement without consideration or with minor.
  • 3. VOID CONTRACT Void contract is defined by Section 2(j) viz., a contract which is legally enforceable when entered but become void due to supervening impossibility of performance. A void contract is not void from the beginning, it becomes void at a subsequent stage due to the occurrence of an event or change in the original conditions. This may illustrated with the help of an example. A, an Indian, enters into a contract with B, a Pakistani national, to supply woolen carpets after three months. After some time war breaks out between India and Pakistan. The contract in between A & B shall become void at the outbreak of war.
  • 4. Difference between a Void Agreement and a Void Contract
  • 5. BASIS OF DIFFEREN CE VOID AGREEMENT VOID CONTRACT Void ab-intio It is void from the very beginning. It is valid when made and continues to remain valid till it is repudiated by the aggrieved party. It becomes unenforceable later on. Which essential element of contract is missing? It is void because an essential element of a valid contract is missing. It is voidable because the consent of a party is not free. Enforceability It cannot be enforced by any party. It continues to be enforceable if the aggrieved party does not repudiate the contract. Right of third party Third party does not acquire any rights. A third party who purchases goods in good faith and for consideration before the contract is repudiated acquires good title of those goods. Effect of lapse of Even on the On the expiry of reasonable time, it may
  • 6. BASIS OF DIFFERE NCE VOID AGREEMENT VOID CONTRACT Treatment Void agreements have been specifically stated in Chapter II of the act under Sections 11, 20, 23, to 30, and 56. No such specific mention is made for void contract in any Chapter of the Act. Rights A void agreement does not create any legal right or obligation upon the parties to the agreement. On the other hand, a void contract does create a right and an obligation upon the parties. A party to the void contract is within his rights to get back the benefit which he had given to the other party in terms of money, goods or services and the other party enjoying such benefit under a void contract is placed under an obligation to return that benefit to him. Damage The question of damages does not arise. The aggrieved party can claim damages.