Agreements Expressly Declared Void under the Indian Contract Act

The Indian Contract Act, 1872, is the primary law governing contracts in India. It defines a contract as an agreement that is enforceable by law. However, not all agreements are considered legally enforceable. The act lays down certain conditions under which agreements will be treated as void. These conditions are known as Agreements expressly declared void.

An agreement that is void from the beginning, i.e., an agreement that is not enforceable by law, is known as a void agreement. A void agreement has no legal effect, and it does not create any rights or obligations for the parties involved. Therefore, it is essential to understand the types of agreements that are expressly declared void under the Indian Contract Act.

1. Agreement made by a minor

A minor is a person who has not attained the age of 18 years. According to the Indian Contract Act, an agreement made by a minor is void ab initio, which means that it is void from the beginning. A minor is not considered competent to enter into a contract since they lack the capacity to understand the terms and conditions of the agreement fully.

2. Agreement made under coercion and undue influence

An agreement made under coercion and undue influence is considered void. Coercion refers to the use of force or threats to make a person enter into a contract. Undue influence, on the other hand, is the use of one`s dominant position to persuade another person to enter into an agreement.

3. Agreement made with a person of unsound mind

An agreement made with a person of unsound mind is void. A person of unsound mind is someone who is unable to comprehend the nature of the agreement fully. In such cases, the person lacks the mental capacity to enter into a legally binding contract.

4. Agreement made for an unlawful object

An agreement made for an unlawful object is void. Any agreement that involves the commission of a crime, fraud, or immoral activity is considered illegal, and such agreements are not enforceable by law.

5. Agreement made without consideration

An agreement made without consideration is void. Consideration refers to the price or value received in exchange for the promise made in the agreement. In other words, a contract is not valid if one party promises to do something but receives nothing in return.

In conclusion, it is critical to understand the types of agreements that are expressly declared void under the Indian Contract Act. Any agreement that falls within these categories is not enforceable by law. It is advisable to consult legal experts to ensure that any contract entered into is in compliance with the legal requirements under the Indian Contract Act.