Explain briefly the contracts specifically declared to be void under the Indian Contract Act


0

The following kinds of agreements are expressly declared to be void :-

1)  Agreement made by incompetent person, For e.g. minor, a person of unsound mind

2)  Agreement made under mutual mistake as to matter of fact essential to the agreement.

3)  Agreement made under mistake as to a law not enforce in India.

4)  Agreement, the consideration or object of which is unlawful in part or in full.

5)  Agreement made without consideration.

6)  Agreement in restraint of marriage – Every agreement in restraint of the marriage of any person other than the minor is void. Every adult person has a right to get married and that to has a right to exercise his choice.

7)  Agreement in restraint of trade – Every agreement by which anyone is restraint from exercising a lawful profession, trade or business of any kind is to that extent void.

8)  Agreement in restraint of legal proceedings – Every agreement which restricts, whether wholly or partly, the enforcing of  rights in a court of law or every agreement limiting the time allowed by Law of Limitation shall be void. Every individual has a right to sue in any court and enforce his rights within the time allowed by the limitation act. The following are the exceptions to this rule :-

a)  An agreement to refer any dispute to arbitration is permissible.

b)  An agreement restricting the right of other party to sue in a particular court is permissible.

9)  Agreement, the meaning of which is uncertain.

10) Agreements by way of  wager.

11) Agreements contingent on an uncertain future event, if the event becomes impossible.

12) Agreements contingent on an impossible event.

13) Agreements to do the impossible act.

14) Agreements to do an act which subsequently becomes impossible.

The following two tabs change content below.
We, at BMS.co.in, believe in sharing knowledge and giving quality information to our BMS students. We are here to provide and update you with every details required by you BMSites! If you want to join us, please mail to [email protected]

Like it? Share with your friends!

0
BMS Team

We, at BMS.co.in, believe in sharing knowledge and giving quality information to our BMS students. We are here to provide and update you with every details required by you BMSites! If you want to join us, please mail to [email protected]

51 Comments

Facebook comments:

Ask Us On WhatsApp