Cases On Agreement Opposed To Public Policy

Cases On Agreement Opposed To Public Policy

Such agreements, which are in favour of public order, are inexigable. By law, any agreement that prevents a person from carrying on any profession, trade or legal activity of any kind is void to that extent. Example 2: A made a deal with B in exchange for his divorce and marriage to A. Hero, it was in annulment. Agreements made to use corrupt influence in obtaining government jobs, titles or honors are illegal and therefore unenforceable. Indeed, if such agreements are valid, corruption will increase and lead to inefficiency in the civil service. However, this issue can be complicated if a treaty is concluded in a period of peace and a war takes place. When this happens, one of the two results occurs normally. First, the agreement is suspended until the end of the conflict. Second, the treaty is terminated. Similarly, an agreement to pay money to the parent/guardian of a minor in return for his or her consent to give minors marriage is void, as it is contrary to public order. If an agreement reduces the limitation period, it is untested. That is because its purpose is to undo the provisions of the act.

For example, if you pay a certain amount of money to a public servant to retire so that you can take his job, that agreement would not be valid. It is also illegal to enter into an agreement to end the prosecution of a certain amount of money. Once a complaint has been filed, no agreement can be reached to withdraw the complaint for review. Example: A and B were rival traders in a place in Calcutta. B agreed to pay A a sum of money if he closed his store there. A did, but B refused to pay him the money. The agreement is void and therefore it is not possible to recover money. Under this heading, two types of agreements are processed. They are – If an agreement is concluded by a person in which he is required to do something that is not his public duty, the agreement is null and void for reasons of public order. For example, an agent`s agreement to make secret profits is not valid because it is a matter of public order. Similarly, contrary to public order, an agreement concluded by a government official for the purchase of land located in his circle is illegal.

It should be noted here that although an agreement to obtain marriage is not valid, the marriage will be a valid marriage. An agreement must be contrary to public order if it harms the common good. An agreement the object of which (or) is contrary to public policy is annulled. Some of these agreements, considered contrary to public policy and illegal, are as follows:-1. Enemy Trade Agreement: An agreement made with a foreign enemy at the time of war is illegal for reasons of public order. . . .

Comments are closed