void contracts

VOID CONTRACTS : 

VOID CONTRACTS Presented By:- Group ‘F’

VOID CONTRACTS : 

VOID CONTRACTS Contract which objective and purpose is ILLEGAL Void contracts come into Section 23 Section 23 Consideration and objects are lawful, unless:- It is Forbidden by law If it permitted cause defeat the provisions of law Is Fraudulent Implies injury to person or property Court regards it as immoral or opposed to public policy

Section 28 Aggrements in restraint of legal proceedings void : 

Section 28 Aggrements in restraint of legal proceedings void 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, is void to that extant This section exempts arbitration proceedings

Section 30 Agreements by way of wager void : 

Section 30 Agreements by way of wager void No suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made Acts dealing with lotteries or forward trading modify the application of the section or build upon it

Section 26 Agreement in restraint of marriage void : 

Section 26 Agreement in restraint of marriage void Agreement in restraint of the marriage of any person Agreements in restraint of trade are also void

Section 16 Undue influence defined : 

Section 16 Undue influence defined When one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other A person is deemed to be in a position to dominate the will of another where he holds a real or apparent authority over the other or where he stands in a fiduciary relation to the other

Section 17 Fraud defined : 

Section 17 Fraud defined The suggestion as a fact of that which is not true by one who does not believe it to be true The active concealment of a fact by one having knowledge or belief of the fact A promise made without any intention of performing it Any act as the law specially declares to be fraudulent

Section 18 Misrepresentation made : 

Section 18 Misrepresentation made The positive assertion in a manner not warranted by the information of the person making it of that which is not true though he believes it to be true Any breach of duty which, without an intent to deceive, gains an advantage o the person commiting it, or any one claiming under him