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Void Contract

A CONTRACT IS AN AGREEMENT ENFORCEABLE BY LAW. A VOID AGREEMENT IS ONE


WHICH CANNOT BE ENFORCED BY LAW. SOMETIMES AN AGREEMENT WHICH IS
ENFORCEABLE BY LAW,
 Voidagreements are those agreements which are not
enforced by law courts. Section 2(g) of the Indian
Contract Act defines a void agreement as, “an
agreement not enforceable by law”. Thus the parties to
the contract do not get any legal redress in the case of
void agreements.
A void agreement is one, which according to law is
neither enforceable nor it creates any legal
consequences. The void contract, on the other hand, is
a contract which is valid at the time of formation but
becomes unenforceable, due to impossibility or
illegality. A void agreement is void since it has been
created.
Difference Between Void Agreement And Void Contract:

A void agreement is one, which according to law is neither


enforceable nor it creates any legal consequences. The void
contract, on the other hand, is a contract which is valid at the
time of formation but becomes unenforceable, due to
impossibility or illegality. A void agreement is void since it has
been created.
 For example:
An agreement between drug dealers and buyers is a void
agreement simply because the terms of the contract are
illegal. In such a case, neither party can go to court to
enforce the contract.
An agreement whose meaning is uncertain cannot be a
valid agreement, it is a void agreement. ... But if such
uncertainty can be removed, then the contract becomes
valid. Say for example A agrees to sell to B 100 kg of fruit.
This is a void contract since what type of fruit is not
mentioned.
Types Of Void Agreements:

 1] Agreement in Restraint of Marriage. Any agreement


that restrains the marriage of a major (adult) is a void
agreement. ...
 2] Agreement in Restraint of Trade. ...
 3] Agreement in Restraint of Legal Proceedings. ...
 4] An Agreement Whose Meaning is Uncertain. ...

A contract is considered an “illegal contract” when the
subject matter of the agreement relates to an illegal
purpose that violates the law. Basically, contracts are
illegal if the formation or performance of the agreement
will cause the parties to participate in illegal activities.
 Contractsthat are void are unenforceable by law. This
is the same for both parties and means that neither
could take the matter to court to try and obtain a
remedy. The position is as if the contract never existed
What is the effect of a void contract?
 The effect of a void contract is that the circumstances
between both parties must be resolved as though the
contract had never been created. This means that
neither party can enforce the agreement, nor do they
have any obligations or rights under the contract.
 Both parties agree to cancel a contract results in the
terms and conditions of the contract becoming null and
void, upon mutual consent of both (or, all) parties
involved. With that said, even though all involved
parties may agree to cancel the contract, there may
exist stipulations that have to still be met.
IMPORTANT:

 Legally,no one can force you to sign anything. Adding


your signature can take an otherwise insignificant
document and turn it into a contract, so the choice is
serious. ... It is legal: To ask someone to sign
something.
 In many cases, courts will render a contract with a
person who is mentally ill or intoxicated as voidable,
meaning the contract may be voided by the
incapacitated party.

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