µConsideration¶ and µObject¶ Distinguished: µConsideration¶ pertains to the content (of the agreement), i.e.

giving something, and receiving something, in return Whereas µObject¶ refers to the µpurpose¶, or intended µend-result¶ thereof

Consideration and Object are considered Unlawful: (i) If either is forbidden by law
i.e. An act or undertaking, which is unlawful, i.e. (a) When it is punishable under criminal law of the country, or else When it is prohibited by some other special legislation

(b)

Consideration and Object are considered Unlawful:

(ii) If either is of such a nature that if permitted, it would defeat the provisions of any law (ii) If either is fraudulent (iii) If either involves or implies injury to the person or property of another person (ii) If the Court regards either as immoral, and (iii) If the Court regards either as opposed to public policy

Some Heads of Agreements Opposed to Public Policy:
1. Tr i it ( li l )i (f r i li ) ffi titl

2. Tr ffi ki

3. Int rf r nce it t e cour e of justice (like in t e functioning of t e Courts)

4. Stifling cri inal rosecution 5. But Maintenance and champert are deemed to e valid, except: i here the terms are unfair and unjust to the person so helped, and

ii Where the motive is mala fi

Some Heads of Agreements Opposed to Public Policy (Contd.)
6. Marriage bro erage agreements. ut, the business of marriage bureau is excluded, as it ser es only as an information centre 7. Creating an interest against duty, 8. Interfering with the parental and marital rights, 9. Restrictions on personal liberty, like to work as a slave or as a bonded labour, for some payment 10. Creating monopolies 11. Alienation of land by depressed classes. All the aforementioned agreements are against public policy, and hence are oid

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