Professional Documents
Culture Documents
Legal Aspects of Business (LAB) : Post Graduate Programme in Management (PGPM)
Legal Aspects of Business (LAB) : Post Graduate Programme in Management (PGPM)
1
in Management (PGPM)
Dr Parul V Gupta
PhD (Law), LL.M., PGDBM
Section 2(j)
“A Contract which ceases to be enforceable by
law becomes void when it ceases to be
enforceable”
(ii) Void due to the impossibility of its performance –
Void Contracts
Dr. Parul Gupta
(i) VOID CONTRACTS
4
Discussion Point
Can the defendant avoid the performance of
the contract being a void contract on the
ground of frustration?
Take Away
There is a difference between commercial
difficulty and supervening impossibility
Discussion points
Discuss the legal aspects of Para 14 of the
contract – Was the contract void as it in
restrain of trade?
Judgment &Explanation
The 1994 agreement could not be considered as substituting
1993 agreement because the purpose of both the agreements
was different. Mutuality for substitution of agreement
requires both consensus ad idem between the parties and an
intention to substitute the original agreement with the new
one. No such intention of the parties to substitute 1993
agreement could be construed from 1994 agreement.
So far as the issue of restrain of trade is concerned, in India, a
contract in restraint of trade is one by which a party restricts
his future liberty to carry on his trade, business or profession
in such manner and with such person as he chooses unless
such a restriction is in furtherance or promotion of trade in
which he is presently voluntary engaged.
Section 30
Case 2
A contract for the sale of goods wherein the seller
agrees to deliver the goods after a week provided
the ship carrying his consignment reaches safely
on time.
Section 31,
“A contingent contract is a contract to do or not
to do something, if some event, collateral to
such contract does or does not happen.”