Indian Contract Act 1872: Void Agreements

Meaning of Void Agreement

An agreement not enforceable by law is said to be void.
Thus a void agreement does not give rise to any legal consequences and is void ab-initio. In the eye of law, such an agreement is no agreement at all from its very inception.



Expressly Declared Void Agreements 

The last essential of a valid contract as declared by section 10 is that it must not be one which is 'expressly declared'  to be void by the act. Thus, there arises a question, as to what is 'expressly declared' void agreement? The following agreements have been 'expressly declared' to be void by the Indian Contract Act:
  1. Agreements in restraint of a marriage (Sec.26).
  2. Agreements in restraint of a trade (Sec.27).
  3. Agreements in restraint of legal proceedings (Sec.28).
  4. Agreements the meaning of which is uncertain (Sec.29).
  5. Agreements by way of wager (Sec.30).
  6. Agreements contingent on impossible events (Sec.36).
  7. Agreements to do impossible acts (Sec.56).
The law declares these agreements void ab-initio and not illegal, and therefore transactions collateral to such agreements are not made void.

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