Introduction to void agreements
As per Section 2 (g) of the Indian Contracts Act, an agreement which is said to be not enforceable by law is said to be void. For instance:
- Agreements by a minor or a person of unsound mind (Sec. 11).
- Agreements made under a bilateral mistake of fact material to the agreements (Sec. 20).
- Agreements of which the consideration or object is unlawful (Sec. 23).
- Agreements of which the consideration or object is unlawful in part and the illegal part cannot be separated from the legal part (Sec. 24).
- Agreements made without consideration (Sec. 25).
Expressly Declared Void Agreements
The last essential of a valid contract as declared by Section 10 is that it must not be one which is ‘expressly declared’ to be void by the Act. Thus, there arises a question, as to what are ‘expressly declared’ void agreements? The following agreements have been ‘expressly declared’, to be void by the Indian Contract Act:
- Agreements in restraint of marriage (Sec. 26).
- Agreements in restraint of trade (Sec. 27).
- Agreements in restraint of legal proceedings (Sec. 28).
- Agreements the meaning of which is uncertain (Sec. 29)
- Agreements by way of wager (Sec. 30).
- Agreements contingent on impossible events (Sec. 36).
- Agreements to do impossible acts (Sec. 56).
By – Shradha Arora
(Editor @ Legal Bites)