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Thread: What contracts are specifically declared void contracts under the contract act 1872

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    Moodle What contracts are specifically declared void contracts under the contract act 1872

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    Void contract
    Q. What is void contract? What contracts are specifically declared void contracts under the contract act 1872.
    1. Introduction:
    The word void means not binding in law. A contract which can not be enforced by either party is void contract. It does not create legal relation among parties and void ab-initio. It is not recognized by law.
    2. Void contract:
    An agreement which is not enforceable by law is void.
    Features of void contract:
    (i) Not enforceable at law.
    (ii) It creates no legal rights.
    (iii) No obligations on any party.
    (iv) No compensation can be responsible for party.
    (v) Parties are not responsible for performance of contract.
    Reasons for void contract:
    Contract becomes void due to the following reasons?:
    (i) Subsequent impossibility to perform.
    (ii) Subsequent illegality.
    3. Contracts which are specifically declared void:
    The agreement that are expressly declared to be void are as follows.
    (I) Agreement in restraint of marriage:
    An agreement in which an adult person is prevented or restrains from marriage is declared void.
    Illustration:
    A, agrees with B that she will not marry C. it is a void agreement.
    (II) Agreement in restraint of trade:
    Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind is to that extent is void.
    (III) Agreement where both paries are at mistake:
    If both the parties of agreement are under mistake as to a matter of fact, such agreement is void.
    (IV) Agreement by way of wager:
    An agreement by way of wager is void wager means a bet. A wager may be defined as an agreement to pay money on happening of a specified uncertain event.
    (V) Uncertainty:
    If the meaning of agreement are not clear and it is not capable of being certain in void by law.
    Illustration:
    A agrees to sell B his car for rupees one lack or 50 thousand. It is not clear which of the two prices is to be given. This agreement is void.
    (VI) Immoral:
    If an agreement is against the moral values of the society it will be void.
    (VII) Unlawful object:
    If the object or consideration of an agreement is not lawful, it will make the agreement void.
    (VIII) Fraudulent case:
    If the object or consideration of agreement involves fraud it will make the agreement void.
    (IX)Injury to others:
    An agreement the object or consideration of which is the causing of any injury to a property or; person, is void.
    (X) Agreement in restraint of legal proceeding:
    Every body is allowed by law to obtain his legal rights through the legal proceeding. So following agreements are void.
    (i) An agreement by which a party is restricted absolutely from taking usual legal proceedings, in respect of any rights arising from a contract.
    (ii) An agreement which limit the time within one may enforce his contract rights.
    (XI) Impossible acts:
    An agreement to do an act impossible in itself is void.
    (XII) Contracts opposed to public policy:
    Contracts opposed to public policy are void.
    (XIII) Contract forbidden by law:
    If the consideration or object is forbidden by law, it will be void.
    5. Conclusion:
    To conclusion it can be said that, void contracts are not enforceable by law. These are not recognized by the law. It does not create any rights on any parts and parties are not responsible to perform such contract is no contract in law and in the eye of law it does not exist.

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