by The Indian Contract Act, 1872 provides for certain agreements that are expressly declared void. These agreements are those that are considered unlawful and against public policy. An agreement that is declared void is not enforceable in a court of law, and the parties to such an agreement cannot claim any legal remedy. The following are the agreements that are expressly declared void under the Indian Contract Act, 1872:
- Agreement in restraint of marriage: Any agreement that restrains a person from getting married is void. For example, if a person agrees not to get married to anyone, the agreement is void.
- Agreement in restraint of trade: Any agreement that restricts a person’s freedom to carry on their trade or business is void. For example, if an agreement restricts a person from carrying on their business within a certain area or with certain people, the agreement is void.
- Agreement in restraint of legal proceedings: Any agreement that restricts a person’s right to approach the court for legal redress is void. For example, if an agreement requires a party to give up their right to sue, the agreement is void.
- Agreement with unlawful consideration: Any agreement that is made for an unlawful consideration is void. For example, if a person agrees to pay money to someone in exchange for committing a crime, the agreement is void.
- Agreements in restraint of personal liberty: Any agreement that restricts a person’s personal liberty is void. For example, if an agreement requires a person to work for a particular employer for a lifetime, the agreement is void.
- Agreement to do something impossible: Any agreement to do something that is impossible is void. For example, if a person agrees to bring back the dead to life, the agreement is void.
- Wagering agreements: Any agreement in which the outcome depends on the happening of an uncertain event is considered a wagering agreement and is void. For example, if a person agrees to pay money to another person if a particular team wins a match, the agreement is void.
Agreements expressly declared Void legal provisions
The Indian Contract Act, 1872 lays down the legal provisions for agreements that are expressly declared void. These provisions are as follows:
- Section 26: Agreement in restraint of marriage: This section states that any agreement that restrains a person from getting married is void.
- Section 27: Agreement in restraint of trade: This section provides that any agreement that restricts a person’s freedom to carry on their trade or business is void.
- Section 28: Agreement in restraint of legal proceedings: This section declares that any agreement that restricts a person’s right to approach the court for legal redress is void.
- Section 23: Agreement with unlawful consideration: This section provides that any agreement that is made for an unlawful consideration is void.
- Section 16: Agreements in restraint of personal liberty: This section states that any agreement that restricts a person’s personal liberty is void.
- Section 56: Agreement to do something impossible: This section declares that any agreement to do something that is impossible is void.
- Section 30: Wagering agreements: This section provides that any agreement in which the outcome depends on the happening of an uncertain event is considered a wagering agreement and is void.
It is important to note that the Indian Contract Act, 1872 also provides for certain agreements that are voidable, meaning that one party has the option to enforce or void the agreement. These agreements include agreements made by a minor, agreements made under coercion, undue influence, or fraud, and agreements made with a person of unsound mind.
