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 Section 2 (j) states as follows: “A contract
which ceases to be enforceable by law
becomes void when it ceases to be
enforceable.
 Thus a void contract is one which cannot
be enforced by a court of law.
 Any trading or business activity with a
person who owes allegiance to a
Government of a country with whom
India is at war without any license from
Government of India is VOID.
 This is because such a trade would be
against the interest of Government of
India and people of India.
 Any agreement to stifle or prevent
illegally any prosecution is void as it
would amount to abuse of justice.
 Champerty is bargain whereby one
party agrees to assist the other in
recovering property with a view to
sharing the profit of litigation.
 Maintenance is promotion of litigation in
which the litigant has no interest.
 While appointing a person to certain
important and high public office, merit
alone should be the criteria.
 Any attempt to influence or any
agreement to influence anyone in this
regard should be seen as an act
‘opposed to public policy’.
 Every agreement in restraint of marriage
of any person other than a minor, is void.
 If a person, being a major, agrees for
good consideration not to marry, the
promise is not binding.
 An agreement to negotiate a marriage
for reward is void.
 Such marriage brokerage contracts are
opposed to public policy.
 An agreement in restraint of legal
proceedings resulting in restriction of
one’s right to enforce legal rights is void.
 Any agreement with the object of
inducing a judicial officer or
administrative officer of the state to act
corruptly or not impartially is void.
Example- A agrees to reward B if he
abstains from being a witness in a suit
against A is void.
 Any agreement through which a person
is restrained from exercising a lawful
profession, trade or business of any kind is
to that extent void.
 The object of this law is to protect trade.
 It involves payment of a sum of money
upon the determination of an uncertain
event.
Example- A agrees to pay Rs 500 to B if it
rains and similarly B agrees to pay A if it
does not.
Void agreement

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Void agreement

  • 1.
  • 2.  Section 2 (j) states as follows: “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.  Thus a void contract is one which cannot be enforced by a court of law.
  • 3.
  • 4.  Any trading or business activity with a person who owes allegiance to a Government of a country with whom India is at war without any license from Government of India is VOID.  This is because such a trade would be against the interest of Government of India and people of India.
  • 5.  Any agreement to stifle or prevent illegally any prosecution is void as it would amount to abuse of justice.
  • 6.  Champerty is bargain whereby one party agrees to assist the other in recovering property with a view to sharing the profit of litigation.  Maintenance is promotion of litigation in which the litigant has no interest.
  • 7.  While appointing a person to certain important and high public office, merit alone should be the criteria.  Any attempt to influence or any agreement to influence anyone in this regard should be seen as an act ‘opposed to public policy’.
  • 8.
  • 9.  Every agreement in restraint of marriage of any person other than a minor, is void.  If a person, being a major, agrees for good consideration not to marry, the promise is not binding.
  • 10.  An agreement to negotiate a marriage for reward is void.  Such marriage brokerage contracts are opposed to public policy.
  • 11.  An agreement in restraint of legal proceedings resulting in restriction of one’s right to enforce legal rights is void.
  • 12.  Any agreement with the object of inducing a judicial officer or administrative officer of the state to act corruptly or not impartially is void. Example- A agrees to reward B if he abstains from being a witness in a suit against A is void.
  • 13.  Any agreement through which a person is restrained from exercising a lawful profession, trade or business of any kind is to that extent void.  The object of this law is to protect trade.
  • 14.  It involves payment of a sum of money upon the determination of an uncertain event. Example- A agrees to pay Rs 500 to B if it rains and similarly B agrees to pay A if it does not.