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void contracts and essentials of void contracts in hindi and urdu Or contract act 1872 part 10
Void Contracts
Literal meaning
Not binding in law
According to sec 2 (j)
A contract which is ceases to be enforceable by law
Features
Not enforceable by law
Does not create legal obligation
Performance is not possible
No legal effect
Against the law of state
Against public interest
Reasons of Void contracts
Impossibility of performance
Subsequent illegality
Refusal of aggrieved party
Contingent contract
Voidable Contracts
According to sec 2 (i)
An agreement which is enforceable by law at the option of one or more parties thereto but not at the option of others
Or
Agreement enforceable by law at the option of aggrieved party
Features of voidable contracts
1 enforceable by law at the option of aggrieved party
2 consent of one party is not free
Reasons of voidable contracts
1 Consent not free
By fraud, coercion, undue influence, misrepresentation, or by mistake
2 Prevent from performance
One person promise to do some act for other person but other person is preventing him to do that act
3 Fail to perform intime
Cases of voidable contracts
1 contract by fraud
2 contract by coercion
3 contract by minor
4 contract by unsound mind
5 contract by undue influence
6 contract by misrepresentation`
Essential Elements of a Valid Contract
1. Proper offer and proper acceptance.
There must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. Section 3 to 9 of the Contract Act, 1872 lay down the rules for making valid acceptance
2. Lawful consideration:
An agreement to form a valid contract should be supported by consideration. Consideration means “something in return” (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful.
3. Competent to contract or capacity:
In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion:
• The person has reached the age of majority.
• The person is of sound mind.
• The person is not disqualified from contracting by any law.
4 Free Consent:
To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake
5 Lawful Object
The object of the agreement must not be illegal or unlawful.
6 Agreement not declared void or illegal:
Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence does not constitute a valid contract.
7. Intention to Create Legal Relationships
8 Certainty, Possibility of Performance
9 Legal Formalities
I am the student of Law and this is my channel which is all about Law. Purpose of this channel is to help out all law students. Law subjects are not easy subjects especially for new comers. I tried my best to describe all things in easy way and hoping that all videos books are very easy and understood not only for law students but also for a common man.
These video books will include all law subjects of Pakistan and India as like
Pakistan penal code 1860
Indian penal code 1860
Tort
Equity
Contract Act
Criminal procedure code
Civil procedure code
Evidence
Sources of Law
jurisprudence
Constitutional Law
Constitution of different countries
and many other subjects
Language of video Books is English, Urdu and Hindi
