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VOID AGREEMENTS
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Agreements
void if considerations and objects unlawful in parts.
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Agreement
without consideration is void, unless it is in writing and
registered, or it is a promise to compensate for something done,
or is a promise to pay a debt barred by limitation.
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Agreement
in restraint of marriage. Every agreement in restraint of
the marriage of any person, other than a minor is void. It is
the policy of law to discourage agreements, which restrain freedom
of marriage. Where a party is restrained from marrying at all,
or for marrying for a fixed period or from marrying a particular
person, or class of persons, the agreement is void.
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Agreement
in restraint of trade. Every agreement, by which one is
restrained from exercising a lawful profession, trade or business
of any kind, is to that extent void.
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Agreement
in restraint of legal proceedings. Every agreement by which
any party thereto is restricted absolutely from enforcing his
rights under or in respect of any contract, by the usual legal
proceedings in the ordinary tribunals, or which limits the time
within which he may thus enforce his rights is void to that
extent.
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Agreements
for uncertainty. Agreements the meaning of which is not
certain, or capable of being made certain, are void.
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Agreements
by way of wager/ Bet. Agreements by way of wager are void;
and no suit shall be brought for recovering anything alleged
to be won on wager, or entrusted to any person to bide by the
result of any game or other uncertain event on which any wager
is made. (Wager means betting or gambling). However certain
prizes for horseracing are exempted.
VOIDABILITY
OF AGREEMENTS WITHOUT FREE CONSENT
When consent to an agreement is caused by coercion,
fraud or misrepresentation, the agreement is a contract voidable
at the option of the party whose consent was so caused.
A party to a contract, whose consent was caused
by fraud or misrepresentation, may, if he thinks fit insist that
the contract shall be performed, and that he shall be put in the
position in which he would have been if the representations made
had been true.
Exceptions
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If such consent was caused by misrepresentation
or by fraud and the party had the means of discovering the truth
with ordinary diligence, the contract is not voidable
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A fraud or misrepresentation which does not
cause a person to consent to a contract does not render a contract
voidable.
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