Which type of agreement is not enforceable by law?a)Void agreementb)Va...
Void agreements are not enforceable by law because they lack the necessary elements to create a legally binding contract. A void agreement is considered as if it never existed, and it holds no legal effect. Let's explore in detail what makes an agreement void and why it cannot be enforced by law.
1. Definition of a Void Agreement:
A void agreement is a contract that is invalid right from the beginning. It lacks an essential element required to be enforceable by law. This means that the agreement is deemed to be non-existent and has no legal effect. It cannot be enforced by either party involved.
2. Reasons for Void Agreements:
There are several reasons why an agreement may be considered void. Some common reasons include:
- Absence of free consent: If consent to a contract is obtained through coercion, fraud, misrepresentation, undue influence, or mistake, the agreement becomes void.
- Consideration is unlawful: If the object or consideration of the agreement is illegal or against public policy, the agreement is void.
- Agreements with uncertain terms: If the terms of the agreement are vague, indefinite, or uncertain, it cannot be enforced by law.
- Agreement to do an impossible act: If the performance of the contract is impossible, either legally or physically, the agreement is void.
3. Legal Consequences of a Void Agreement:
Since a void agreement lacks legal validity, it cannot be enforced by either party. The legal consequences of a void agreement are as follows:
- No rights or obligations: Neither party has any legal rights or obligations under a void agreement.
- No remedy for breach: If one party fails to perform their obligations under a void agreement, the other party cannot seek any legal remedy.
- Restoration of consideration: If any consideration was given under the void agreement, it must be returned or restored to the original party.
In conclusion, a void agreement is not enforceable by law due to its inherent defects and lack of essential elements required for a valid contract. It is considered as if it never existed, and both parties have no legal rights or obligations. It is crucial to ensure that all agreements are valid and enforceable to avoid any legal complications or disputes.
Which type of agreement is not enforceable by law?a)Void agreementb)Va...
A void agreement is an agreement which is not enforceable by law. It does not give rise to any legal consequence and is void ab initio. This means that the agreement is considered void from the beginning and it cannot be enforced by either party. An example of a void agreement is an agreement with a person who is incompetent to contract under section 11 of the Indian Contract Act, 1872. For instance, if a minor enters into an agreement, it is void and cannot be enforced.