void agreement

Section 2(g) of the Indian Contract Act, 1872 defines a void agreement as one not enforceable by law. Agreements are void, for example, where the object or consideration is unlawful (s.23), where there is a mistake of fact by both parties as to an essential matter (s.20), or where they are in restraint of marriage (s.26), restraint of trade (s.27), restraint of legal proceedings (s.28), uncertain (s.29) or by way of wager (s.30). A minor's agreement is void (Mohori Bibee).

A void agreement is void from the start; a contract may also become void later, for example by impossibility (s.56). Benefits received under an agreement discovered to be void must be restored under Section 65.

Example

An agreement to pay money on the result of a cricket match is a void agreement under Section 30 as a wager.

In Indian law

• Sections 2(g), 23–30, 56 and 65, Indian Contract Act, 1872
• Mohori Bibee v. Dharmodas Ghose (Privy Council, 1903): a minor's agreement is void

See also

voidable contract · void ab initio · wagering agreement · restraint of trade

Read more in the study notes

• Rule of law and droit administratif (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)