1 Empty and non-pure agreements -A Letter AnalysisBy Nupur Thapliyal “I do not like the right terms and a rogue spirit.” -William Shakespeare (in The Merchant of Venice) 3 Reflection or the subject of an agreement is illegal in the following cases: If the law is forbidden It is of such a type, that, if authorized, it would defeat the provisions of a person like the law if it is fraudulent, if it involves or implies a violation of the person or property of another If the court considers it immoral if the court considers it to be contrary to public order 9 than IS a “VOIDABLE CONTRACT”? Article 2 (i) An agreement legally applicable to the choice of one or more parties, but not to the choice of another or the other, is an unsigned contract. Void and after-execution contract Valid contract: an agreement that fulfils the essential elements of a contract and is legally applicable, is classified as a valid contract and the parties to a valid infringement obligation take legal action. 2 Under Section 23 of the Indian Contracts Act, an agreement with an illegal purpose or consideration is struck down. The goal is the purpose or drafting of contracts. It involves the manifestation of intent. The term “lawful” means “legally permissible.” Section 23 of the Contracts Act speaks of three things:- The consideration for the agreement subject to the agreement 8 EXAMPLES OF VOID IN The cancellation of legal proceedings is non-applicable. (p. 28) An agreement whose terms are uncertain is undying. (p. 29) A bet(bet/bet) agreement is not valid.
(Sec 30) An agreement that depends on the arrival of an impossible event is non-concluding. (p. 36) The agreement of an impossible act is an inconclusive act. (p. 56) 8 B) Exemptions under the Common Lawi) Service Agreements: During employment, service contracts often contain a clause prohibiting the worker from working in another location for the duration of the contract. Any reluctance towards a worker not to engage in a similar activity or to accept a similar undertaking after the termination of his activity is a nullity. (ii) Commercial combinations: it is not illegal to enter into an agreement between different companies in the context of a commercial grouping, in order to maintain a price level and avoid under-sales. (iii) Agreement limiting criminal history (p. 28): any agreement preventing a party from fully asserting its contractual rights through ordinary proceedings or limiting the time within which it can assert its rights is null and void in this regard. Exceptions to this rule are: (a) An agreement to refer all future contract disputes to arbitration. b) An agreement to refer to arbitration all outstanding disputes concerning a contract.
(c) an agreement that limits the right of one of the parties to sue in a particular court. 11 Distinction BETWEEN VOID ANDVOIDABLE CONTRACTSIs valid if they are made but do not become applicable later for certain reasons. An invalid contract expires at the instigation of the victim and therefore remains valid until such termination. Void and Voidable Agreement Example: Asif forced Bilu to enter into a contract for the sale of the House Bilus to him. This contract can be cancelled by Bilu.