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Unlawful Agreement Notes


In this section, the words « void, » « object » and « consideration » can be read. There may not be a void object as such, but it can be considered a null contract with an illegal object that is cancelled. [2] Similarly, there can be no « non-counterpart » as such, but it can be considered a null contract with an illegal consideration that can be cancelled. [3] This section deals with the illegality of the two – the purpose of the contract and the consideration. [4] For example: If money has been lent for the marriage of the minor, the consideration for the contract is credit and the object is marriage, the Madras High Court[5] found that the purpose refutes the provisions of the Child Marriage Restraint Act. The word « object » in section 23 is not used in the same sense as « reflection, » but has been used as a distinctive agent of respect and means « purpose » or « design. » [6] The section invalidates an agreement whose objections or considerations are unlawful. These are three points, namely (1) the counterparty of the agreement, (2) the purpose of the agreement and (3) the agreement. In the event of a cancellation of a contract, any part of that contract, including the employment clauses it contains, is deemed invalid. For Section 23 cases, it is appropriate to review or verify whether the section declares the agreement illegal because of rebuttal or consideration. The three points mentioned above, i.e.

(i) the consideration of the agreement, (ii) the purpose of the agreement and (iii) the agreement must also be taken into account, and the three principles that flow from the section – (i) an agreement or contract is cancelled if its purpose is to initiate an illegal action; (ii) if a law expressly or implicitly prohibits it and (iii) if its execution is not possible without disobedience to a law. Circumstances that could also make a consideration illegal as the object of an agreement are discussed under one of the most important elements of a valid contract, with the parties having to bear one. An agreement whose purpose is contrary to the law of the country may be either illegal or simply non-aeig, depending on the provisions of the law against which it opposes. [1] Section 23 of the Indian Contract Act, 1872 makes certain considerations and objects considered illegal. « The consideration or purpose of an agreement is lawful, unless it is prohibited by law; or is of such that, if allowed, the provisions of a law would not fall; fraud; or involves the violation of someone else`s person; or the Court considers it immoral or contrary to public policy. The consideration or object of an agreement is legal, except for example 1: A, a landlord, renting his house on rent to B, a sex worker posting, knowing that it could be used for immoral trade.