Escolar Documentos
Profissional Documentos
Cultura Documentos
Sachet Labroo
In
JANUARY, 2019
Dr Kanan Diwetia
&
Ms Pallavi Mishra
Assistant Professor
f. Unmeaning agreements.
g. Wagering agreements.
h. Agreements to do impossible acts.
This project mainly focuses on the differences between void and voidable
agreements.
1
Subs. by Act 1 of 1997, s. 2, for certain words (w.e.f. 8-1-1997)
Void contracts are considered to be legal contract that is invalid, even
from the beginning.
Void and Voidable contracts are understood as same but they are
different. Void contracts are generally those contracts which are not
enforce before the court of law whereas Voidable contracts are those
contracts where one party has the right to enforce or end that contract.
The contracts that are against the public policy are void. As they are
too unfair and hence cannot be enforced before the court of law.
Contracts entered when one of the party as minor. The law considers
the minors incapable of entering into a contract hence the minor can
walk out of the contract anytime.
The contracts made when one or the other party was tricked or forced
to enter into a contract. The aggrieved party can back out of the
contract anytime as the contract was not free of consent and it was
maliciously done.
Void contracts are valid, but become invalid due to some of the some
reasons. For example the contract was illegal.
Voidable contracts are valid until any of the party revokes the contract.
The party can revoke the contract because of many reasons like the
consent was not free or the party was tricked while entering into the
contract.
1. Exceptions 2 and 3 rep. by Act 9 of 1932, s. 73 and Sch. II. 2. Subs. by Act 1 of 1997, s. 2, for certain words
(w.e.f. 8-1-1997). 3. The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, s. 2 and Sch. 4. Cf.
the Arbitration Act, 1940 (10 of 1940) and the Companies Act, 1956 (1 of 1956), s. 389.
On the basis of Rights to the party
While in Voidable contracts the rights are given to the aggrieved party.
As they have entered into the contract with due influence or had been
tricked. They had no intention to enter into the contract.
Both void and voidable contracts are the forms of legal contracts. A void
contract is invalid from the beginning itself and it cannot been enforced.
3
The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, s. 2 and Sch
extortion are utilized in building up an agreement, it ends up voidable. An
agreement that is void can't be made into a legitimate decrease by two
gatherings consenting to the agreement since you can't lawfully consent
to accomplish something that is unlawful. A voidable contract,
nonetheless, can be made substantial by the gathering who isn't bound,
on the off chance that they consent to surrender the privilege to revoke
the agreement.
LITERATURE REVIEW
The Indian Contract Act, 1872 was the most helpful literature that guided
to complete the project. Indian Contract Act consists of all the sections
and the contracts that are there in the contract. All the necessary
information was there. It consisted of the meaning of void agreements
and all the conditions that are responsible for a contract to be void. Like
contracts that are unlawful are considered to be void hence they cannot
be enforceable before the court of law.
It consisted of all the explanations and the illustrations that were related
to void contracts. It was the most helpful literature that helped to
complete the project.
In the Avtar Singh Void Agreements were clearly defined. And there were
many illustrations and examples that were helpful in understanding the
topic and successfully completing the project. Void agreements were
defined clearly in the book.
CONCLUSION
There are many contracts which are valid, but due to some certain
reasons or circumstances, the contracts are not enforceable before the
law and hence they become void. Examples of the reasons which lead to
the void agreements are – illegal contracts, contracts that have no lawful
consideration written or promised, contracts that restrict the other party
from doing the legal proceedings are void contracts in nature. As these
contracts are void and it is not possible to execute that contract further in
the court of law.
Similarly, voidable contracts are first enforceable before the law but they
later on are not valid because of some certain reasons.
The contract was made with power and influence and it was against the
will of that person but he was made to enter into a contract forcefully.
Some smartphone apps, can be downloaded free of cost but later they
have in app purchases which cost real currency. These apps are majorly
targeting towards the children. They accept the terms and conditions of
those games. Later these types of activity lead to the lawsuit against the
company and it was suggested that those transactions were a part of
voidable contracts.