LEGAL FORMALITIES WRITTEN AND REGISTERED- INTRODUCTION, MEANINIG OF VOID AGREEMENT AND ITS TYPES, IMPORTANCE OF WRITTEN AGREEMENTS

 INTRODUCTION

·        One of the essential requirements to form a contract is that it should not be void.

·        Section 10 of the Indian Contract Act says, “All agreements are contracts…that are not hereby expressly declared to be void”.

·        A contract can be void due to several reasons,

For example:

1. It could be an agreement to do an illegal act that is, it is void from the moment it was first made.

2. It is against the principles of justice and fairness or against public policy.

3. It becomes subsequently void because of a change in the law.

4. It has already been fully performed.

EXPRESSLY DECLARED VOID AGREEMENTS

·        The last essential of a valid contract as declared by Section 10 is that it must not be one which is ‘expressly declared’ to be void by the Act.

·        Thus, there arises a question, as to what are ‘expressly declared’ void agreements?

The following agreements have been ‘Expressly declared’, to be void by the Indian Contract Act:

·        Agreements in restraint of marriage (Sec. 26).

·        Agreements in restraint of trade (Sec. 27).

·        Agreements in restraint of legal proceedings (Sec. 28).

·        Agreements the meaning of which is uncertain (Sec. 29) 

      Agreements by way of wager (Sec. 30).

·         Agreements contingent on impossible events (Sec. 36).

·        Agreements to do impossible acts (Sec. 56).

Agreements in Restraint of Marriage (Sec.26)

·         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.

·        The law regards marriage and married status as a fundamental right of every individual. Therefore, any agreement that has the object of stopping a person from getting married, or limiting him or her right in selecting a marriage partner is void because it is against public policy.

AGREEMENTS IN RESTRAINT OF A TRADE (SEC.27)

·        Sec.27 “Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.”

·        The law decrees that an individual, be of any religion, cast or section should be at liberty to work for himself and any agreement that deprives, or attempts to deprive, a person of the fruit of his labour, skill or talent is a void agreement

AGREEMENTS IN RESTRAINT OF LEGAL PROCEEDINGS (SEC.28)

·         “Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals,

·        Or which limits the time within which he may thus enforce his rights, or which provides for forfeiture of any rights arising from contract, if suit is not brought within a specified time, is void to the extent.

AGREEMENTS THE MEANING OF WHICH IS UNCERTAIN (SEC.29)

·        According to Section 29, Agreements, the meaning of which is not certain, or capable of being made certain, are void.

·        It is normal that any agreement that does not clearly define the responsibilities of the parties to it cannot be enforced. If such responsibilities are not clear and cannot be clarified, the agreement is void.

Example: Amar agrees to purchase a horse from Akbar for ₹ 20,000. He also agreed to pay 1,000 more, if the horse proved lucky. It was held that the agreement was void. It was observed that the court had no machinery to determine what luck horse had bought to the buyer.

AGREEMENTS BY WAY OF WAGER (SEC. 30)

·        It is an agreement under which money or money’s worth is payable by one person to another on the happening or non-happening of future uncertain event.

·        A WAGER is a game of chance in which winning or losing wholly depends on a specified uncertain event.

·        It is an agreement of betting. Wagering Agreements are those in which there is a promise to pay money or money’s worth in the event of an uncertainty becoming a certainty.

 AGREEMENTS CONTINGENT ON IMPOSSIBLE EVENTS (SEC. 36)

·        As per Section 36 in The Indian Contract Act, 1872 Agreements contingent on impossible event void are Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.

Example: A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void.

LEGAL FORMALITIES: WRITTEN AND REGISTERED

LEGAL FORMALITIES: WRITTEN AND REGISTERED

·        After the terms of a contract have been defined and agreed upon, it is necessary that the contract is written, testifies by a witness and witnesses if it is compulsory to do so under the provision of law.

·        A contract can be oral or written. From the legal standpoint, there is no difference between the two.

NECESSITY OF BEING WRITTEN

1. Negotiable instruments such as bills of exchange, promissory notes, cheques etc.

2. Promise to pay time barred debts.

3. Transfer of shares in a joint stock company.

4. Sale, mortgage, lease or gift of an immovable property.

5. Memorandum or Article of association of a company

NECESSITY OF REGISTRATION

1. Contracts arising out of natural love and affection between parties having near relationship, in the absence of consideration.

2. Contracts about transfer of immovable property under the transfer of property act 1882.

3. Debenture and mortgage under Companies Act, 1956.

 

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