Can Parties of Illegal Agreement Seek Legal Help?
No Restitution Allowed: Individuals involved in an illegal agreement find no recourse in a court of law, as the principle asserts that no polluted hand shall touch the pure fountain of justice. Consequently, no recovery is possible under an illegal agreement, regardless of whether the illicit objective has been fulfilled or not. The legal stance is clear: No action shall be allowed on an illegal agreement, emphasizing the strict prohibition against seeking legal remedies for such agreements. In cases of equal culpability, the defendant holds a more favorable position compared to the plaintiff. This underscores the uncompromising nature of the legal system regarding actions stemming from illegal agreements, ensuring that parties to such agreements cannot benefit from legal intervention or claim restitution for any payments made.
Unlawful Consideration in Part & Illegal Agreements (Indian Contract Act)
The law governing contracts in India is outlined in the Indian Contract Act 1872, covering various aspects such as contract formation, validity, and enforceability. A pivotal component of this legal framework is the concept of consideration, which is fundamental for a contract’s validity. Consideration involves the exchange of something valuable, like goods, money, or services, between the parties entering into a contract, forming the basis of their agreement. Nevertheless, the act also addresses situations where consideration is partially unlawful or agreements are deemed illegal. In such instances, if any part of the consideration or the agreement itself goes against the law or public policy, the contract may be deemed void or unenforceable. It is crucial to comprehend these provisions to ensure the legality and enforceability of contracts governed by the Indian Contract Act.
Geeky Takeaways:
- The Indian Contract Act 1872 governs contracts in India, emphasizing the significance of lawful considerations and objecting to contract validity.
- Understanding the concept of lawful consideration and object is crucial, as any agreement with an unlawful object or consideration is declared void.
- Unlawful considerations or objects in contracts lead to their categorization as void agreements, lacking legal enforceability, and potentially resulting in legal consequences if pursued.
- In cases of equal culpability, the defendant has a more favorable position than the plaintiff, highlighting the legal system’s uncompromising stance on actions stemming from illegal agreements.
Table of Content
- Object or Unlawful Consideration in Part
- Effect of Illegal Agreements on Collateral Transactions
- Can Parties of Illegal Agreement Seek Legal Help?
- Conclusion
- Unlawful Consideration in Part & Illegal Agreements- FAQs
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