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Presentated By: Rimsha, Rabbia, Hajra and Sehreen Presented To: Atif Mir Khan Roll No: 6, 44, 84 and 85
Presentated By: Rimsha, Rabbia, Hajra and Sehreen Presented To: Atif Mir Khan Roll No: 6, 44, 84 and 85
Presentated By: Rimsha, Rabbia, Hajra and Sehreen Presented To: Atif Mir Khan Roll No: 6, 44, 84 and 85
Definition:
According to section 2
An agreement not enforceable by law is a void agreement.
According to section 10
For the a valid contract it is necessary that an agreement
must not be one of those which have been expressly
declared void by law.
Void agreement:
1) Agreements in Restraint of Marriage
2) Agreements in Restraint of a Trade
3) Agreements in Restraint of Legal Proceedings
4) Agreements, Meaning of which is Not Certain
5) Agreements By Way Wager
6) Agreements Contingent on Impossible Event
7) Agreements To Do an Impossible Acts
Agreement in restraint of marriage:
Definition:
According to Sec.26
“Every agreement in restraint of the marriage of any
person, other than minor, is void.”Difference between a
positive promise to marry a particular person And but
restrictive agreement containing a promise not to marry
anybody else Every person has the right to marry a person
of his choice.
Example:
A agrees with B that she will not marry C. it is a void
agreement.
A promise his father F that he will marry . It is valid
contract.
P promise to marry L and to pay Rs 2000 to L if he
married someone else. Later, P married X. Held L could
not recover the sum as the agreement was in restraint of
marriage.
Agreements in Restraint of a Trade:
Definition:
According toSec.27
“Every agreement by which anyone is restrained from
exercising a lawful profession, trade or business of any
kind, is to that extent void.” Every person has a right to
carry on any lawful trade, business or profession. That is
called Agreements in Restraint of a Trade
Example:
M promise to close down his business against the promise
of R to pay some amount. It is an agreement in restraint of
lawful business.
Two electronic companies agreed not to employ the other
company's staff for 5 year. Court held that this was an
agreement in restraint of trade.
EXCEPTIONS
Sale of Goodwill: