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Void Agreement And Void Contract Are Same. Offer Views Based On Rule Position

Any contractual agreement between two parties for illegal activities is also deemed undated. For example, a contract between an illegal drug supplier and a drug dealer is not applicable from the outset because of the illegality of the agreed activity. To define what invalidates a contract, one must first explain the elements necessary for the validity of a contract. While the detailed content of a contract varies depending on the purpose, a contract must contain the following six elements to be legally binding and applicable. Therefore, any agreement that imposes restrictions on a trader`s choice of mode of activity is void. Under Section 2 (g) of the Indian Contract Act, 1872, an inconclusive agreement is defined as an agreement that is not legally applicable, i.e. such agreements cannot be challenged in court. Such an agreement has no legal consequences and therefore does not confer any rights on the parties concerned. A non-consensual contract is void from the date, it is established and can never be converted into a contract.

Therefore, with the above discussion and obdater, you may be able to understand the terms in detail. It is true that a no-deal does not create a legal obligation. On the other hand, the legal obligations arising from the conclusion of the contract end if the contract is in nullity. The general principles in India and England with respect to non-market agreements are more or less the same, which is in fact that all trade restrictions, whether partial or total, are non-extended. The only difference is that in England the decision on the validity of the restriction is made on the basis of adequacy, whereas in India the restrictions would only apply if they fall into the category of legal or judicial exceptions already mentioned. So there are no big differences between the two statutes. English law tends to be more flexible, as the “common sense” clause constantly changes its scope. As LORD WILBERFORCE stated in Esso Petroleum Co Ltd v. Harper`s Garage (Stourport) Ltd, “the classification (of trade restriction agreements) must remain fluid and the categories can never be concluded.” Writing a contract is a lot of work, and it`s a huge bummer if you can`t pursue the deal, because the contract is void and not right. It is important that your contract management strategy includes methods and procedures so as not to create contracts that cannot be imposed due to the absence of an important element or adequate verification.