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VOID AGREEMENTS

AGREEMENTS

LAW OF CONTRACTS I

“VOID AGREEMENTS”

SUBMITTED TO:-
MRS. SUSHMITA SINGH
FACULTY OF LAW
VOID

SUBMITTED BY:-
ROHIT KUMAR
SECOND SEMESTER
ROLL NO. :- 1847
B.B.A.,LL.B.(HONS)
SESSION - (2017-2022)

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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VOID AGREEMENTS

INTRODUCTION

Void agreements are those agreements which are not enforced by law courts.
Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement
not enforceable by law”. Thus the parties to the contract do not get any legal redress
in the case of void agreements.
Void agreements arise due to the non-fulfilment of one or more conditions laid down
by Section 10 of the Indian contract Act. This Section states as follows:

All agreements are contracts if they are made with free consent of parties
competent to contract, for a lawful, consideration and with a lawful object,
and are not hereby expressly declared to be void.

Nothing herein contained shall affect any law in force in India, and not hereby
expressly repealed, by which any contract is required to be made in writing or in the
presence of witness, or any law relating to the registration of documents.
From the above, it is quite clear that non-fulfilment of any of these conditions by one
of the parties to a contract shall make an agreement void. These conditions being: -

1. Free consent of the parties;


2. Competency of the parties to contract;
3. Existence of a lawful consideration;
4. Existence of a lawful object;
5. Agreement being not included in the list of those specially declared to
be void by the Indian Contract Act by its Section 26, 27, 28, 29, 30, and 56;
6. Completion of certain formalities required by any other law of the country like
transfer of Property, Act, Company Act, etc.

AIMS AND OBJECTIVES

1. To study what are void agreements.


2. To understand the concept with the help of case laws.
3. To study the difference between void agreement and void contract.

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VOID AGREEMENTS

RESEARCH QUESTIONS

1. What are void agreements?


2. What is the difference between void agreements and void contracts?
3. What is the difference between void agreements and voidable agreements?
4. What are the important case laws illustrating void agreements?

HYPOTHESIS

The researcher is of the opinion that that a void agreement is one which is not enforceable by
law. A void agreement does not create rights, obligations or duties. It does not give rise to
any legal consequences.

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project.

LIMITATION OF THE STUDY

Any research work is bound to have a few limitations due to some external uncontrollable
factors. Limitations of this study are stated below: -

The researcher intends to cover only few areas void agreements relevant to the proposed study.

As study was done within a limited time, the researcher could not select sufficiently large
sample for the study.

TENTATIVE CHAPTERISATION

CHAPTER – I: INTRODUCTION AND RESEARCH METHODOLOGY

CHAPTER – II: VOID AGREEMENTS

CHAPTER – III: DIFFERENCE BETWEEN VOID AGREEMENTS AND VOID


CONTRACTS

CHAPTER – IV: CASE LAWS RELATED TO VOID AGREEMENTS

CHAPTER – V: CONCLUSIONS AND SUGGESTIONS

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VOID AGREEMENTS

BIBLIOGRAPHY

Primary sources:

Primary sources include statutes, acts etc.

STATUTES AND ACTS:

1. Contract act 1872

Secondary sources:

Secondary sources include books, articles, magazines, journals, websites etc.

 BOOKS:
1. Author: R.K. Bangia, Law of Contracts I, Published by Allahabad Law Agency,
Edition: 2nd , (2016)
2. Contract act, 1872, Published by Universal Law Publishing, Edition: 13th (2017)
 WEBSITE:
1. http://www.reportbd.com/articles/41/1/Void-Agreement/Page1.html
2. https://www.investopedia.com/terms/v/void-contract.asp
3. https://sol.du.ac.in/mod/book/view.php?id=644&chapterid=366

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