Validity
of
Contract
BBA-LLB (H)/ Semester-1
Who are we?
Dipanwita
Zadingliyana Jesiah Mishra
Dutta
Shruti Aparna
Hrishita Pal
Panigrahy Goswami
Free Consent-I
CONSENT
According to the Indian Contract Act 1872,(section 13) Two or more persons are said to
consent when they agree upon the same thing in the same sense.
FREE CONSENT
Consent is said to free when it would not have been given but for the existence of such
coercion, undue influence, fraud, misrepresentation or mistake (section 14).
CAUSES WHICH HINDER FREE CONSENT - Coercion
- Undue influence
- Fraud
Free Consent-II
● Misrepresentation-
A misrepresentation is an untrue statement of a material fact made by one party which
affects the other party’s decision in corresponding to a contract.
● Mistake-
Mistake can be defined as any action, decision or judgement that produced an unwanted
and unintentional result. Though Mistake is not defined in the Indian Contract Act,
Section 20, 21 and 22 deals with the concepts related to mistake.
Presence of unfree consent will render the contract voidable. It implies that at the
discretion of the party whose consent was not free, the contract is voidable.
Void Agreement-I
Section 2(g) of the Indian Contract Act defines void agreements as an agreement which is not
enforceable by law. It is generally categorised as being void from the very beginning and were
not valid at any point of time. Agreements which are said to be void from the very beginning is
said to be void ab-initio.
● Unlawful Consideration and Object : Section 23 of the Indian Contract Act states about
what objects and consideration are unlawful, and Section 24 also states that if the
consideration and objective of the contract in whole is unlawful then the whole
agreement is said to be void.
● Agreement without Consideration: Section 25 states that an agreement without
consideration is void. However, there are few exceptions which has been considered
under consideration.
● Restraint of Marriage: Section 26 declares that every agreement in restraint of marriage
of any person, other than a minor, is void.
Void Agreement-II
● WAGERING AGREEMENT-
When two parties enter into an agreement upon the condition that either of the two parties will
pay the other on the happening or non-happening of a future uncertain event.
● AGREEMENT IN RESTRAIN OF LEGAL PROCEEDINGS-
Section 28 of the Indian Contract Act states that any agreement that restricts and aggrieved
party from enforcing his rights to approach a relevant court or tribunal in case of breach of a
contract, or limits the time within which he may do so, is a void agreement.
● AGREEMENTS IN RESTRAIN OF TRADE-
Any agreement that debars one person from starting or continuing his trade or profession, in
turn of some consideration is void.
● UNCERTAIN AGREEMENT-
According to Section 29, agreements, the meaning of which is not certain, or capable of being
made certain, are void.
Contingent Contract
A contingent contract contains a condition promise. A promise is absolute or unconditional
when the promise undertakes to perform it in any event. A promise is conditional when
performance is due only if an event, collateral to the contract, does or does not happen.
Characteristics of Contingent Contract-
● The performance of such contracts depends on a Contingency on the happening or non
happening of the future event.
● The event must be collateral incident to the contract.
● The Contingency is certain.
Essential elements of the contingent contract-
● Performance of the contract must be conditional
● The said event must be collateral to such contract
● The event should not be at the discretion of the promisor.
Quasi-Contract
A quasi contract is a retroactive agreement between two parties who have no previous
obligation to one another. It is an obligation which is imposed by law to prevent Unjust
Enrichment.
● Unjust Enrichment-
It is the unjust retention of a benefit to the loss of another or the retention of money or
property of another against the fundamental principles of justice and equity and good
conscience.
This doctrine is codified in enactment of the Indian Contract Act under Sections-
1. Section 68
2. Section 69
3. Section 70
4. Section 71
5. Section 72
1. Contract and Specific Relief Act, Avtar
Singh
2. https://
www.upsounsel.com/void-agreement-defini
tion
3.
https://www.legalpaathshala.com/unlawful-
References consideration-and-object/
4. https://indiankanoon.org
5. https://www.lawctopus.com
6. Indian Contract Act,1872
Thank you
Have a wonderful day
