Void Agreements

Three words that examinations keep apart

The starting sentence is in : section 10 requires that the agreement not be expressly declared void. The surrounding subject is . is the wrong next chapter if the agreement was void. You cannot breach a promise the law says was never a contract. Open the part of the Act that declares certain agreements void. This note will not pretend to be that part.

What “expressly void” is doing

The Act declares some agreements void in terms: for example, the topics students meet on restraint of marriage, restraint of trade, and uncertain agreements. Each topic has conditions and, in some cases, exceptions. Restraint of trade is the famous one, because the Act both restricts it and saves some restraints. Do not write “all non-compete clauses are void” or “none are.” Read the provision and the clause. A voidable contract, such as one affected by a consent defect, is not in this pile. An illegal object can taint the bargain more severely than a merely void agreement, including what the law will help a party recover. Those consequences are in the Act and the cases. Do not invent a recovery rule.

How to classify before you remedy

First sentence: void, voidable, or illegal, and why. Second sentence: what you still need to read. If you cannot classify, say the problem does not give the term that matters. Do not jump to damages. Do not tell a party to ignore a court order. Uncertainty, wagering, and restraint are different voids. Name the one the facts suggest, or name none.

A hypothetical about a non-compete slogan

Hypothetical. A one-line problem says an employee “signed a non-compete,” and the student writes “void, restraint of trade, damages nil.” The problem has no duration, no geography, and no trade. The rewrite says restraint of trade is the topic to open, the Act’s exception has not been checked, and “void” is a conclusion the missing facts cannot carry. No damages are discussed, because formation is still the question.

A checklist for the three labels

Classify first. 1. Ask whether the Act expressly declares this kind of agreement void. 2. If a party may set it aside, say voidable. 3. If the object is unlawful, consider illegal as its own category. 4. Do not discuss breach of a void agreement. 5. Open exceptions before you negate them. 6. Do not invent a restitution figure. 7. Confirm the Act on India Code.

Kanoons Academy does not currently list a separate LAWCET, CLAT, or AP LAWCET batch in the catalogue; these notes are study material, and counselling is via . The nearest catalogue course is . That course teaches how to read an Act, a rule, and a judgment note. It is not an entrance-test batch, and the button on this page uses the course’s own name.