Agreement Expressly declared Void

Another essential element of a valid contract is that the agreement must not be declared void under any provision of law. A void agreement is one that cannot be enforced by law.

 The list of agreements expressly declared as void are as under: Agreement in restraint of marriage Agreement in restraint of trade Agreement in restraint of legal proceedings Agreement involving uncertainty Wagering agreements Agreement to do impossible act

Agreement in restraint of marriage

By restraint in marriage is meant stopping a person from getting married or restraining or limiting a person right to get married. The law regards marriage and married status as a fundamental right of every individual. Therefore , any agreement that has the object of stopping a person from getting married,or limiting his or her right in selecting a marriage partner ,or depriving any person of such right is void because it is againts public policy

Agreement in restraint of trade

According to section 27 of Indian contract act, Every agreement by which any one is restrained from exercising a lawful profession ,trade or business of any kind is, to that extent, void The law decrees that an individual ,be he of any religion ,cast or sect, should be at liberty to work for himself ,and any agreement that deprives ,or attempt to deprive , a person of the fruit of his labour ,skill or talent is a void agreement.

 Restraint of trade can be normal or abnormal ,partial or complete ,conditional or unconditional all restraints are void.

Exceptions
Sale of goodwill Restrain on partners Service contract

Agreement in restraint of legal proceedings

Every indian has the right to take resourse of law to demand and protect his rights as a citizen of the country . If an agreement seeks to impede or obstruct the process of justice , it is void agreement.

 Section 28 Every agreement by which any party thereto is restricted from enforcing his rights under, or in respect of, any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his right,is void to that extent.

 Under the provision of this section ,all agreements are void to the extent that it: Restrains a party ,wholly or partly , from enforcing his rights Such agreement are deemed to be void because they are against public policy . Every party to a contract has the inherent right to seek the aid of law to protect his rights under the contract, an agreement eliminate the rights of a party is void.

Exceptions
An agreement to refer future disputes to arbitration An agreement to refer a present dispute to arbitration

Agreement involving uncertainty

Section 29 agreements the meaning of which is not certain or capable of being made are void It is normal that any agreement the does not clearly define the responsibilities of the parties to it cannot be enforced.

Agreements by way of wager

Section 30 A wager is an agreement between two parties by which one promises a specified amount of money to the other on the happening of some uncertain event in consideration of the other party promise to pay the same or a specified amount if some event does not happened.

Features
An wagering agreement has a promise to pay money or money worth. The agreement is conditional on occurrence or non occurrence of an event. Each party to wager equally stands to win or lose. Neither party to a wagering agreement has any control on the outcome of the event. The wagering contract is incomplete till the happening of the event.

Exceptions
Horse race Commercial transactions Speculative transactions Chit fund Contract of insurance

Agreement to do impossible act

Causes of impossibility of performance Change in law Destruction of subject matter Personal incapacity of the promisor