VOID AGREEMENTS

By | May 6, 2017
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)

Mayank Shekhar
Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.

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