Void agreements are agreements that are not legally enforceable. This means that the parties involved cannot rely on the agreement to hold up in court, and any promises made therein are not binding. There are various reasons why an agreement may be void, including fraud, misrepresentation, and illegality. In this article, we will discuss two common types of void agreements.
1. Agreements without legal capacity
An agreement without legal capacity refers to a contract made with someone who is not legally able to enter into a contract. This can include minors or people who are mentally incapable of understanding the terms of the agreement. For instance, if a minor tries to enter a contract, the agreement is void as per Section 11 of the Indian Contract Act, 1872. Similarly, if a person enters a contract while under the influence of drugs or alcohol, it is also deemed void.
2. Agreements against public policy
Agreements against public policy refer to situations where the agreement goes against the interest of the society or the nation as a whole. Such agreements are deemed void under the Indian Contract Act, 1872. For instance, if two parties enter into an agreement to smuggle illegal narcotics across the border, the agreement will be void. Similarly, if an agreement deprives someone of their fundamental rights, it will also be considered void.
In conclusion, it is essential to be aware of the types of void agreements to avoid any legal issues in the future. It is crucial that agreements are made with parties who have the legal capacity to enter into a contract, and that the agreement does not go against the public interest or public policy. If in doubt, legal advice should always be sought before entering into any agreement.