Agreements Expressly Declared Void
Agreements expressly declared void are those that cannot be enforced by law and are considered null and void from the very beginning. These agreements are prohibited by law, and parties to such agreements cannot use the legal system to enforce them.
In India, the Indian Contract Act, 1872, prescribes certain agreements that are expressly declared void. Section 23 of the Act provides for such void agreements, which includes agreements against public policy, agreements to do illegal or immoral acts, and agreements restraining trade.
Agreements Against Public Policy
Agreements against public policy are those that violate the interest of the public or society. Such agreements are void because they harm the country`s public interest. For example, agreements that encourage or promote gambling, bribery, and prostitution are strictly prohibited by law.
Agreements to Do Illegal or Immoral Acts
Any agreement that involves an illegal or immoral act is considered void, and parties to such an agreement cannot enforce it in a court of law. For instance, an agreement to sell illegal drugs or to steal is considered void. Similarly, agreements that are against the norms of morality or decency, such as agreements to promote pornography, are also considered void.
Agreements Restraining Trade
Agreements that restrict competition or restrain trade are also void. Such agreements can be harmful to the economy and often result in monopolies, which are detrimental to the interests of consumers. For example, agreements that prohibit a person from starting a competing business or agreements that limit the number of competitors are considered void.
Agreements expressly declared void are those that cannot be enforced by law and are considered null and void from the beginning. These agreements are prohibited by law and can result in legal consequences if parties to such agreements try to enforce them. It is advisable to consult a legal expert before entering into any agreement to ensure that it is legally enforceable and does not risk any legal complications.