Question 1 OR (b)
Agreements expressly declared void
5 marks
- Time to write
- About 10 minutes
From an older CBCS paper
Question
Question 1 OR (b) · 5 marksWrite a note on agreements expressly declared void.
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
- Write a noteA note opens with the meaning, then two or three key points. No long introduction.
What the paper leaves open
The mark for this part is not legible on the copy; it is reckoned here at 5 marks, the paper's own split for its other questions.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 The void agreements listed 5 marks 8 min
- Check: every ask answered, key terms underlined 1 min
Try it first. About 10 minutes for 5 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.
Agreements expressly declared void by the Indian Contract Act, 1872:
- agreements made by incompetent parties (s. 11);
- agreements made under a bilateral mistake of fact (s. 20);
- agreements whose consideration or object is unlawful (s. 23);
- agreements whose consideration or object is unlawful in part (s. 24);
- agreements made without consideration (s. 25), unless they fall within its exceptions: a written and registered agreement made out of natural love and affection between near relatives, a promise to compensate for something done voluntarily for the promisor, or a written promise to pay a time-barred debt;
- agreements in restraint of marriage (s. 26);
- agreements in restraint of trade (s. 27), subject to the exception for sale of goodwill;
- agreements in restraint of legal proceedings (s. 28), except agreements to refer disputes to arbitration; and
- agreements the meaning of which is uncertain (s. 29).
To these the Act adds wagering agreements (s. 30) and agreements to do impossible acts (s. 56). Every agreement in restraint of trade is void to the extent of the restraint, whether total or partial.
Where the 5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | The void agreements listed | 5 |
| Total | 5 |
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