Void contract

Q. What is void contract? What contracts are specifically declared void contracts under the contract act 1872.
1. Introduction:
The word void eans not !indin" in law. # contract which can not !e enforced !y either party is void contract.
It does not create le"al relation aon" parties and void a!$initio. It is not reco"ni%ed !y law.
2. Void contract:
#n a"reeent which is not enforcea!le !y law is void.
&eatures of void contract:
'i( )ot enforcea!le at law.
'ii( It creates no le"al ri"hts.
'iii( )o o!li"ations on any party.
'iv( )o copensation can !e responsi!le for party.
'v( *arties are not responsi!le for perforance of contract.
+easons for void contract:
,ontract !ecoes void due to the followin" reasons?:
'i( -u!se.uent ipossi!ility to perfor.
'ii( -u!se.uent ille"ality.
/. ,ontracts which are specifically declared void:
The a"reeent that are e0pressly declared to !e void are as follows.
'I( #"reeent in restraint of arria"e:
#n a"reeent in which an adult person is prevented or restrains fro arria"e is declared void.
Illustration:
#1 a"rees with 2 that she will not arry ,. it is a void a"reeent.
'II( #"reeent in restraint of trade:
3very a"reeent !y which anyone is restrained fro e0ercisin" a lawful profession1 trade or !usiness of any
4ind is to that e0tent is void.
'III( #"reeent where !oth paries are at ista4e:
If !oth the parties of a"reeent are under ista4e as to a atter of fact1 such a"reeent is void.
'IV( #"reeent !y way of wa"er:
#n a"reeent !y way of wa"er is void wa"er eans a !et. # wa"er ay !e defined as an a"reeent to pay
oney on happenin" of a specified uncertain event.
'V( 5ncertainty:
If the eanin" of a"reeent are not clear and it is not capa!le of !ein" certain in void !y law.
Illustration:
# a"rees to sell 2 his car for rupees one lac4 or 67 thousand. It is not clear which of the two prices is to !e
"iven. This a"reeent is void.
'VI( Ioral:
If an a"reeent is a"ainst the oral values of the society it will !e void.
'VII( 5nlawful o!8ect:
If the o!8ect or consideration of an a"reeent is not lawful1 it will a4e the a"reeent void.
'VIII( &raudulent case:
If the o!8ect or consideration of a"reeent involves fraud it will a4e the a"reeent void.
'I9( In8ury to others:
#n a"reeent the o!8ect or consideration of which is the causin" of any in8ury to a property or: person1 is
void.
'9( #"reeent in restraint of le"al proceedin":
3very !ody is allowed !y law to o!tain his le"al ri"hts throu"h the le"al proceedin". -o followin"
a"reeents are void.
'i( #n a"reeent !y which a party is restricted a!solutely fro ta4in" usual le"al proceedin"s1 in
respect of any ri"hts arisin" fro a contract.
'ii( #n a"reeent which liit the tie within one ay enforce his contract ri"hts.
'9I( Ipossi!le acts:
#n a"reeent to do an act ipossi!le in itself is void.
'9II( ,ontracts opposed to pu!lic policy:
,ontracts opposed to pu!lic policy are void.
'9III( ,ontract for!idden !y law:
If the consideration or o!8ect is for!idden !y law1 it will !e void.
6. ,onclusion:
To conclusion it can !e said that1 void contracts are not enforcea!le !y law. These are not reco"ni%ed !y the
law. It does not create any ri"hts on any parts and parties are not responsi!le to perfor such contract is no
contract in law and in the eye of law it does not e0ist.