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 marksQ.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
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
- Read; underline the asks; jot your points 2 min
- 1 Valid and void contracts 9 marks 16 min
- 2 Void contracts and void agreements 9.8 marks 18 min
- 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)).
| Basis | Valid contract | Void contract |
|---|---|---|
| Meaning | An agreement enforceable by law (s. 2(h)) | A contract that has ceased to be enforceable (s. 2(j)) |
| Essentials | Has all the essentials of section 10 | Was valid when made but has lost its enforceability |
| Enforcement | Either party can enforce it | Neither party can enforce it after it becomes void |
| Example | A contract to sell a car for ₹2 lacs | A 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.
| Basis | Void agreement | Void contract |
|---|---|---|
| At formation | Void from the start (s. 2(g)) | Valid when made |
| Cause | Lack of an essential, e.g. a minor party, unlawful object | A later event, e.g. supervening impossibility |
| Example | An agreement with a minor | A contract to write a book, the writer dying in an accident |
Where the 18.75 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Valid and void contracts | 9 |
| 2 | Void contracts and void agreements | 9.75 |
| Total | 18.75 |
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