Agreement whose Meaning is Uncertain
Section 29 of the Indian Contract Act, 1872 establishes that when an agreement whose meaning is vague and uncertain, such an agreement cannot be a valid agreement, and it will be a void agreement. Where the essential meaning of the contract is not clear and assured, such a contract cannot be legally binding on either party as the terms and conditions of the contract are complex and indefinite. However, in a case where such uncertainty can be removed, the contract becomes valid and binding.
For example, Aman contracts with Sulekha, saying that if she sells her car to Jyoti, he will pay her some amount. Here, the amount is not specific, and consideration is not clear. Hence, the agreement is void.
Void Agreements : Meaning and Expressly Declared Void Agreements
Indian Contract Act, 1872 is a central law, and it validates the contracts or agreements between various parties. The act regulates and oversees all the business in case of any deal or an agreement. The Indian Contract Act, 1872 defines the term “Contract” under Section 2(h) as “An agreement enforceable by law”. Hence, a contract is anything that is an agreement and enforceable by the law of the land.
The Indian Contract Act, 1872 specifies certain essential elements which are required to be present in a contract, to form a valid contract. So, if those elements are not present, the contracts will not be legally binding on either of the parties and shall be declared either void or voidable. The parties to the contract should make sure that all the essential elements of a valid contract are present while engaging with any other party. In case a contract is void or voidable, restricted or no remedy will be available for the parties to the contract. Indian Contract Act has established certain agreements which are expressly declared as Void Agreements. These agreements are declared void by the law itself.
Geeky Takeaways:
- Indian Contract Act, 1872 is a central law, and it validates all the contracts or agreements between various parties.
- The Indian Contract Act, 1872 establishes several essential elements which are to be present in a contract. If such essential elements are absent, then such a contract or agreement is void.
- A void agreement is an agreement that is not enforceable by law.
- A void agreement confers no rights on parties to the contract or creates any obligation.
- The reasons why an agreement is declared void can be due to illegality, immorality, public policy, etc.
Table of Content
- What are Void Agreements?
- Expressly Declared Void Agreements
- 1. Agreement in Restraint of Marriage
- 2. Agreement in Restraint of Trade
- 3. Agreements in Restraint of Legal Proceedings
- 4. Agreement whose Meaning is Uncertain
- 5. Agreement by Meaning of Wager
- 6. Agreements Contingent on an Impossible Event
- 7. Agreement to do Impossible Acts
- Conclusion
- Frequently Asked Questions (FAQs)
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