What is void agreement?

“An agreement not enforceable by law is said to be void” [Sec.2(g)]. Thus a void agreement does not give rise to any legal consequences and is void ab-initio. In the eye of law such an agreement is no agreement at all from its very inception.

We have already dealt with the following types of void agreements in the preceding chapters, and will not therefore discuss them here again: The preceding chapters, and will not therefore discuss them here again:

1. Agreements by a minor or a person of unsound mind (Sec. 11).

2. Agreements made under a bilateral mistake of fact material to the agreements(Sec. 20).

3. Agreements of which the consideration or object is unlawful (Sec. 23).

4. Agreements of which the consideration or object is unlawful in part and the illegal part cannot be separated from the legal part (Sec. 24).

5. Agreements made without consideration (Sec. 25).

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:

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

2. agreements in restraint of trade (Sec. 27).

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

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

5. Agreements by way of wager (Sec. 30).

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