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प्रश्न
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Principle: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Facts: Karthik, a physician, enters into an agreement with Talreja to rent from him a flat for setting up a clinic at Rupees fifteen thousand p.m. and Rupees two thousand p.m. extra if the flat proves lucky for him. A month after Karthik started using the flats in his clinic; he was appointed as visiting faculty by one of the medical colleges. Talreja claims Rupees seventeen thousand p.m.as rent from the next month onwards but Karthik refuses to pay him the amount claimed by him.
विकल्प
Karthik should continue to pay Rupees fifteen thousand p.m.
Karthik should pay him Rupees seventeen thousand p.m.
The agreement between Karthik and Talreja is void
The agreement between Karthik and Talreja is void
उत्तर
The agreement between Karthik and Talreja is void.
An agreement may be void if any of the following:
- Made by incompetent parties (e.g., under the age of consent, incapacitated)
- Has a material bilateral mistake
- Has unlawful consideration (e.g., promise of sex)
- Concerns an unlawful object (e.g., heroin)
- Has no consideration on one sideRestricts a person from marrying or remarrying
- Restricts tradeRestricts legal proceedings
- Has material uncertain terms
- Incorporates a wager, gamble, or bet
- Contingent upon the happening of an impossible event
- Requires the performance of impossible acts.
