Question 1

Void and valid contracts; void contracts and void agreements

18.75 marks

Time to write
About 38 minutes

From an older CBCS paper

Question

Question 1 · 18.75 marks

Q.1. Differentiate between valid contracts and void contracts. Bring out also how void contracts differ from void agreements.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

38 minfor 18.8 marks

Read from the question

  • Differentiate…Bring out…2 asks, each with its own marks below. Answer both.
  • Differentiate betweenSet the differences out in a table, basis by basis, not as two separate essays.

What the paper leaves open

The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks.

Write it in this order

  1. Read; underline the asks; jot your points 2 min
  2. 1 Valid and void contracts 9 marks 16 min
  3. 2 Void contracts and void agreements 9.8 marks 18 min
  4. Check: every ask answered, key terms underlined 2 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

Try it first. About 38 minutes for 18.75 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Void and valid contracts. An agreement enforceable by law is a contract (s. 2(h)); a contract that “ceases to be enforceable by law becomes void when it ceases to be enforceable” (s. 2(j)).

BasisValid contractVoid contract
MeaningAn agreement enforceable by law (s. 2(h))A contract that has ceased to be enforceable (s. 2(j))
EssentialsHas all the essentials of section 10Was valid when made but has lost its enforceability
EnforcementEither party can enforce itNeither party can enforce it after it becomes void
ExampleA contract to sell a car for ₹2 lacsA valid contract to write a book that becomes void when the author dies

Void contracts and void agreements. A void agreement is an agreement not enforceable by law (s. 2(g)), void from the very beginning, void ab initio; a void contract was valid when made and becomes void later, through impossibility, a change of law or the like.

BasisVoid agreementVoid contract
At formationVoid from the start (s. 2(g))Valid when made
CauseLack of an essential, e.g. a minor party, unlawful objectA later event, e.g. supervening impossibility
ExampleAn agreement with a minorA contract to write a book, the writer dying in an accident

Where the 18.75 marks sit

#ComponentMarks
1Valid and void contracts9
2Void contracts and void agreements9.75
Total18.75
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