Introduction:

According to Sec-2(g) of the Indian Contract Act, 1872 a void agreement is an agreement which is not enforceable by law. These agreements are not enforceable by law, right from the beginning i.e., these agreements are void-ab-initio.

1. Agreements in restraint of marriage(Sec-25):

Sec-26 of the Act provides that, “Every agreement in restraint of marriage of any person, other than a minor is void.”

2. Agreements in restraint of trade(Sec-26):

An agreement in restraint of trade is one whereby one party seeks to prevent the other from carrying out a particular trade, business, or profession.

3. Agreements in restraint of legal proceedings(Sec-28):

Every person has freedom to enforce his legal rights. An agreement which interferes with the course of justice is void. Individuals by agreement can’t alter the provisions of any law.

4. Wagering agreements(Sec-30):

A wager occurs when the parties agree that a payment will take place between them depending upon the outcome of an uncertain event in which they have no interest other than their agreement. For instance, a bet on a sporting event would be a wager.

5. Agreements the meaning of which is uncertain(Sec-29):

An uncertain agreement means an agreement the meaning of which is not certain or capable of being made certain. Such agreements are void. The uncertainty may be as to

  • Existence of
  • Quantity of
  • Quality of
  • Price of
  • Title to the subject matter.

Example: A agrees to sell to B “all the grain in my granary at Ramnagar.” There is no uncertainty here to make the agreement void.

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