Professional Documents
Culture Documents
Unlawful consideration
object
Unlawful in part
Without consideration
Restraint of marriage
Wagering contracts
Impossible Acts
Suit for Anticipatory Breach
of Contracts
Where the one of the party expects the
other party will breach the other party will
actually breach the contract-
If A contracts with B to Act and at the
same time agrees to Act with C B can
expect a breach – which is called as
anticipatory breach
Illegal and Immoral
Agreements
Illicit
cohabitation
Sexual immorality
Agreement to interfere with the
marital relations
Agreements to perform the acts,
which are against good public morals
Agreements in Restraint of
Marriage
The agreement to restrain the freedom to
marriage
To marry only for a certain period of time,
only with the particular person, or not to
marry at all
All such agreements are void
Exception- Restraint of a minor’s marriage
Agreement in Restraint of
Trade
Any body is restrained from exercising a right to
Practice any lawful profession, Trade or business
Art 19 (1) (g) of Constitution of India
Here the restraint may be partial general or
special or complete
All such agreements are void except under the
following cases-
>Those created under a statute (Good Will)
>Those arising out of judicial interpretations
Agreement in Restraint of
Legal Proceedings
Restraining contractual rights
Absolutely restrict the parties in exercising a
right to enforce the legal proceeding
Or agree to limit the time period within which
the party may sue to enforce the contractual
rights
E.g. That a person will not file a suit to realize
the price of the sale,
Alter the time period to sue to 1 yr where a suit
can be filed up to 3 yrs
But----- If it is partially restricted- For e.g. to file
within the jurisdiction of the Hyderabad court or
the pecuniary jurisdiction up to only a specified
amount
Exceptions
Reference of the future disputes to arbitration
Existing disputes to arbitration is valid
Wagering Agreements
Agreements by way of wager
A promise to give money or money’s worth
upon the determination or ascertainment of
an uncertain event is wager-
Where two persons hold the opposite view for
a future uncertain event to win money or a
stake
Win loss to be dependent on the uncertain
event
Ingredients- Uncertain event, Mutual chance
of winning and losing, neither party to have
control of the event
No other interest in the contract other than be
a mere wager to win money or stake
Void contracts
Exceptions- Horse race, Crossword puzzle etc