Page 24 - 01. Indian Contract Act, 1872
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Legality of objects:
As per section 23 , of the Indian contract Act “An agreement whose object or
consideration is unlawful is void”.
“ Consideration or Object is unlawful:
(i) If it is forbidden by law or
(ii) it would, if permitted defeat the provisions of any law or
(iii) is fraudulent or
(iv) involves injury to the person or property of another, or
(v) is immoral or
(vi) opposed to public property”.
Circumstance which makes the consideration or object unlawful:
(i) Forbidden by law
It includes the acts are punishable under any state as well as prohibited by
regulation or orders made in the exercise of the authority conferred by the
legislature
(ii) Defeat the provision of law
Agreement debating the provisions of any statutory law, is void
Law includes any legislative enactment or rural of Hindu and Muslim law
or any other rule for the time being in force in india
(iii) Fraudulent
Agreement with an object to defraud others is void
(iv) Injury to the person or the property of another - Void
(v) Immoral
- object of any agreement being immoral is illegal
- it is also illegal if its consideration is an act of sexual immorally
- It includes the following type of agreement ;
(i) Restrain of parental duties
(ii) Restrain of Marriage
(iii) Marriage brokerage or brocage contract
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