Agreement Expressly Declared As Void: Presented By: Khushi Goyal
The document discusses different types of void agreements under Indian law. It defines a void agreement as one that cannot be enforced by law. It outlines agreements that are void due to lacking competence, consideration, or having an illegal/unlawful object. Specifically, the document examines agreements declared void under the Indian Contract Act, such as those in restraint of marriage, trade, legal proceedings, or those involving uncertainty or being wagering agreements.
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Agreement Expressly Declared As Void: Presented By: Khushi Goyal
The document discusses different types of void agreements under Indian law. It defines a void agreement as one that cannot be enforced by law. It outlines agreements that are void due to lacking competence, consideration, or having an illegal/unlawful object. Specifically, the document examines agreements declared void under the Indian Contract Act, such as those in restraint of marriage, trade, legal proceedings, or those involving uncertainty or being wagering agreements.
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AGREEMENT EXPRESSLY DECLARED AS VOID
PRESENTED BY : KHUSHI GOYAL
z LEARNING OBJECTIVES
WHAT IS VOID AGREEMENT?
AGREEMENTS WHICH ARE VOID UNDER THE
PROVISIONS OF LAW .
AGREEMENTS DECLARED AS VOID UNDER THE
INDIAN CONTRACT ACT . z WHAT IS VOID AGREEMENT?
A void agreement is an agreement that cannot be
enforced by law.
Not being enforceable by law implies that the
agreement violates the provision of law and such cannot be defended by law . z AGREEMENTS WHICH ARE VOID UNDER THE PROVISIONS OF LAW
Agreements which are void under the provisions of law include:
An agreement which is made by the party who is not competent to make an
agreement. For example – minor or unsound person.
An agreement made by the mistakes of parties.
An agreement which has no consideration , with some exceptions.
An agreement where the consideration or object of the agreement is illegal or
unlawful. z AGREEMENTS DECLARED VOID UNDER THE INDIAN CONTRACT ACT There are some agreements that are declared void under the Indian Contract Act :
Agreements in restraint of marriage
Agreements in restraint of trade
Agreements in restraint of legal proceedings
Agreements involving uncertainty
Wagering agreements z AGREEMENTS IN RESTRAINT OF MARRIAGE
Restraint in marriage means stopping a person from
getting married. It means limiting a person's right to get married.
Section 26 of this act states that every agreement in
restraint of marriage of any person other than minor is void. z AGREEMENTS IN RESTRAINT OF TRADE
According to section 27 of the Indian Contract
Act , ''every agreement by which anyone is stopped or restrained from exercising lawful profession , trade of business, is void ''.
An individual can engage in any trade of his
choice ,any agreement that stops him from doing this will be void. z AGREEMENTS INVOLVING UNCERTAINITY
According to section 29 of the Indian Contract Act ,'' any
agreement which involves uncertainty is void ''.
It is normal that an agreement clearly defines the rights and
responsibilities of the parties .
If such responsibilities are not clear and clarified then such
agreement will be void. For example : if A makes an agreement to sell 100 tons of oil to B and does not clarify that what kind of oil A has agreed to sell. The agreement is void. z WAGERING AGREEMENTS
According to section 30 of the Indian Contract Act , a
wager is an agreement between two parties by which one promises to pay a specified amount of money to other person on happening of an event.
Wager agreement is basically bet between two
persons on happening of an uncertain event. This Photo by Unknown author is licensed under CC BY-SA.
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