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An Agreement Without Consideration Is Void." Explain This Rule and State Exceptions If Any. Unless
An Agreement Without Consideration Is Void." Explain This Rule and State Exceptions If Any. Unless
it is in writing and registered and the promise has been made due to natural love and affection between the
parties standing in near relation to each other.
it is a promise to compensate, wholely or in part, a person who has voluntarily done something for the
promisor or something that the promisor was legally bound to do.
it is a promise to pay for a time barred debt.
Void Contract
A contract that has no legal force or binding effect.
Acceptable alternative way of describing a void contract:
The subject of void contracts is studied in more depth in the chapters on capacity
and conduct which invalidates mutual assent.
Void Agreement
Definition:
Literally: Void means having no legal value and agreement means Arrangement, promise or contract made
with somebody. So void agreement means an agreement that has no legal value.
Traditionally: An agreement not enforceable by law is said to be void. [Sec 2(g)]
A void agreement has no legal effect. An agreement which does not satisfy the essential elements of
contract is void. Void contract confers no rights on any person and creates no obligation.
Example of void agreement: An agreement made by a minor, agreement without consideration, certain
agreements against public policy etc.
Agreement which become void:
An agreement, which was legal and enforceable when it was entered in to, may subsequently become void
due to impossibility of performance, change of law or other reason. When it become void the agreement
ceases to have legal effect.
EXPRESSLY DECLARED VOID AGREEMENT
There are certain agreements, which are expressly declared to be void.
They are as follows:
(1)
Agreement by a minor or a person of unsound mind.[Sec(11)]
(2)
Agreement of which the consideration or object is unlawful[Sec(23)]
(3)
Agreement made under a bilateral mistake of fact material to the agreement[Sec(20)]
(4)
Agreement of which the consideration or object is unlawful in part and the illegal part can not be
separated from the legal part [Sec(24)]
(5)
Agreement made. without consideration.[Sec(25)]
(6)
Agreement in restraint of marriage [Sec(26)]
(7)
Agreement in restrain of trade [Sec(27)]
(8)
Agreement in restrain of legal proceedings[Sec(28)]
(9)
Agreements the meaning of which is uncertain [Sec(29)]
(10) Agreements by way of wager [Sec(30)]
(11) Agreements contingent on impossible events [Sec(36)]
(12) Agreements to do impossible acts [Sec(56)]