0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What are the features of void contract?
Features An agreement made by incompetent parties (Minor/Lunatic Person) is void. Any agreement with a bilateral mistake is void. Agreements which have unlawful consideration is void. Agreement with a unlawful object is void. Agreements made without consideration is void. Agreement in restraint of marriage of any major person is void (absolute restriction). Agreement in restraint of trade is void.(reasonable reason) An agreement the terms of which are uncertain is void. An agreement by way of wager (betting/gambling) is void. An agreement contingent upon the happening of an impossible event is void. Agreement to do impossible acts is void.
What is void agreement?
section2(g) provides, "an agreement not enforceable by law is said to be void" the void agreement does not create legal relations between parties and is void ab-initio(from the beginning).
With regard to onus of proof is this statement correct. in the case of disputes concerning agreements in restraint of trade the employee must prove the agreement is ureasonable?
yes
Difference between void agreement and void contract?
1. An agreement which is not enforceable by law by either of the parties is void agreement .Whereas, an agreement which was legally enforceable when entered into but which has become void due to supervening impossibility of performance. 2.For example:All domestic and social agreements can never create any legal rights and obligations. Also, an agreement without consideration or with minor is void agreement. A contract b/w a citizen of Pakistan and India is valid contract during peace but if war breaks out b/w both, the agreement will become void contract.
Restraint of marriage?
(3) Agreements in Restraint of Marriage-Every individual enjoys the freedom to marry and so according to section 26 of the contract act "every agreement is restraint of the marriage of any person, other than a minor, is void." The restraint may be general or partial but the agreement is void, and therefore, an agreement agreeing not to marry at all, or a certain person or, a class of persons, or for a fixed period, is void. However, an agreement restraint of the marriage of a minor is valid under the section.It is interesting to note that a promise to marry a particular person does not imply any restraint of marriage and is, therefore, a valid contract.This section enact that agreement in restraint of the marriage of any person, other than a minor is void. In the interest of the society, contracts for marriage are scrutinized with a close and vigilant suspicion of undue influence, fraud or imposition. The law presumes constrictive fraud, on grounds of public policy, in agreements respecting marriages since marriages of a suitable nature are of the deepest importance of the wellbeing of the society, as upon the equality and mutual affection much of their happiness, sound morality, and mutual confidence, hence every temptation of the exercise often undue influence, or a seductive interest in procuring a marriage is suppressed, for there is infinite danger that it may, under the guises of friendship, confidence, flattery or falsehood, accomplish the ruin of person especially females. So the law-(a) prevents improvident, ill-advised, and often fraudulent matches;(b) Avoid all such contracts as tend to the deceit and injury, or encourage artifices and improper attempts to control the exercise of free judgment;(c) Discountenances secret contracts made with prevents and guardians, whereby on a marriage, they to receive a benefits(d) Renders invalid certain agreements in restraint of marriage.Illustrations(a) A agrees with B for good consideration that she will not marry C. It is a void agreement.(b) A agrees with B that she will marry him only; it is a valid contract of marriage
Is conflict of interest the same as restraint of trade?
No.
What is the difference between void and illegal agreements?
A void agreement had a specific event, time and/or start that made the agreement void. You may write a check and it is given back to you with void written on it because of any reason you can think of. A illegal agreement is one that on it's face is not legal, such as you put a contract out on someones pet. That agreement would be illegal from the start so in effect there is no contract.
What is a sentence with the word void?
She had to void the check because the amount was wrong. They asked to void the agreement. When her boyfriend broke up with her, it left a huge void in her life.
What are the different types of trade agreements?
NAFTA, North America Free Trade Agreement, is an example of a international trade agreement. The European Union has a trade agreement between member countries.
Prenuptial agreement between John and Jackie Kennedy?
This agreement was made void with her marriage to Aristotle Onassis in 1968.
What has the author Marjo Ojala written?
Marjo Ojala has written: 'EU-kilpailuoikeus' -- subject(s): Antitrust law, Restraint of trade 'The competition law of central and eastern Europe' -- subject(s): Antitrust law, Restraint of trade 'Monopolit ja markkinoiden vapauttaminen' -- subject(s): Antitrust law, Restraint of trade
A mistake will always render the contract void?
No a mistake does not automatically make a contract void. It may void specific aspects of the agreement. The other terms could be enforced.
