Void Agreements

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Section :24 to 30c Definition : A promise or set of promises forming

consideration for each other Void : Not enforceable Invalid Void Agreement : Definition : An agreement not enforceable under the law

Agreement

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1.Unlawful object 2.Unlawful consideration 3.Consideration partly unlawful The agreement is void To the extent of illegality The legal part will be enforceable 4.Agreement without consideration Exception: i-- Agreement on account of nature love and affection Requirement . - In writing - Registered - Natural love and affection - They must be in near relation

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Exception

4.Agreement without consideration Exception: ii—Agreement to compensate for past service Requirement : -The past service must be voluntarily done -The service be done for the promisor -The promisor must be inexistence at the time of service -The intention of the promisor must be to compensate -The past service must be legal iii-- Agreement to create agency iv-- Agreement to give something as gift Requirement : -The transaction must be complete When the possession is handed over to the donee

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Exception

4.Agreement without consideration

Exception:

V--Agreement to pay a time barred debt

Requirements:

- The debt must be time barred

- The promisor himself must be liable for the debt

- The promise must be in writing

- The promise must be signed by the debtor or

his agent

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5. An Agreement in restraint of marriage Exception: Minor 6. An Agreement in restraint of trade Exceptions: i-Similar business Requirements : - Local limit - Reasonable limit (question of fact ) - Court will determine the reasonable limit - According to the nature of business ii-Service contract iii-Partner agreement

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7.Agreement an restraint of legal proceeding

--- Interpretation

- Prohibit judicial proceeding

- Reduced the period of limitation

Exceptions

I -Reference to arbitration

ii -Refer to arbitration in future

Requirements

- In writing

- signed

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8.Uncertain agreement

The agreement which is not certain

not Capable of being certain

Factors for certainty

- Clear

- Complete

- determine

- Circumstantial evidence

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9.Agreement by way of wager Meaning : A bet Definition : An agreement to pay money or Money worth Essentials: Must be a promise to money or money worth The promise must be conditional on happening or non happening of

an event The event must be un certain The parties should have no interest in the happening of an event The interest must be in betting amount only The scientific calculation of the event is not possible

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9. Agreement by way of wager :

Exception :

i. certain prices for the winner of horse

racing

-- Plate

-- Prize

Consequences

- Agreement is void

- No suit is maintainable

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10.collateral to wagering agreement Interconnected agreement Security Guarantee etc Exception : - Not in picture - Not knowingly made 11.Agreement for impossible act Ex: To discover treasure by magic 12. Agreement contingent on impossible event Ex Aamir agrees with Asad to pay Rs 5000 if three straight lines draw in

space Exception : Lotteries (having GOVT patronage ) Insurance contract

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