Question

Mark the best option:
Principle:

1. If one threatens another to commit any act forbidden by the Indian Penal Code likely to harm anyone thereby causing him(one who is thus threatened) to enter into an agreement with anyone; the agreement thus entered into is void.
2. An attempt to commit suicide is an act forbidden by the Indian Penal Code.

Facts: Gopaldas who is very fond of his nephew Jitendra, a bright law graduate; promises to gift him a plot of land if the latter joined his friend Atmaram’s law firm as an associate. Jitendra joins Atmaram’s firm but before Gopaldas could proceed, his elder son Akash who was in need of money threatened to commit suicide if Gopaldas did not sell the plot of land. Gopaldas entered into an agreement to sell the plot of land and gave the money he received as advance; to Akash.

पर्याय

• The agreement to sell is void

• The agreement to sell is not void as Akash needed the money

• Akash should compensate Jitendra

• None of the above

Answer 1

A void contract cannot be enforced by law. Void contracts are different from voidable contracts, which are contracts that maybe(but not necessarily will be) nullified. However, when a contract is being written and signed, there is no automatic mechanism available in every situation that can be utilized to detect the validity or enforceability of that contract. Practically, a contract can be declared to be void by a court of law. An agreement to carry out an illegal act is an example of a void agreement.

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., the promise of sex)
Concerns an unlawful object (e.g., heroin)
Has no consideration on one side
Restricts a person from marrying or remarrying
Restricts trade Restricts 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