Void Agreement Cannot Become

Void Agreement Cannot Become Valid: Understanding the Legal Concept

When dealing with contracts, it is crucial to understand the concept of void agreements. A void agreement is an agreement that lacks legal enforceability from its inception. Essentially, it is a contract that has no legal effect, and it cannot be enforced by any of the parties involved.

There are various reasons why an agreement may be considered void. For instance, an agreement may be void if it is contrary to public policy, if it involves an illegal activity, or if the parties lack contractual capacity. In this article, we explore the concept of void agreement and the reasons why it cannot become valid.

What is a Void Agreement?

According to the Indian Contract Act, a void agreement is an agreement that is not enforceable by law. In simpler terms, it means that the contract is not legally binding, and therefore, no party can enforce it.

There are several reasons why an agreement may be considered void. These include:

1. Agreement made under coercion or undue influence

If an agreement is made under coercion, it is considered void. Coercion means the use of force or threats to make someone enter into the agreement. Similarly, if an agreement is made under undue influence, it is also considered void. Undue influence occurs when one party uses their power or authority to influence the other party to enter into the agreement.

2. Agreement is against public policy

An agreement that goes against public policy is considered void. Public policy is a set of laws that protect society and encourage ethical behavior. If an agreement is made to violate public policy, it will be considered void.

3. Agreement is illegal

If an agreement involves an illegal activity, it is considered void. For example, if two parties agree to smuggle drugs across the border, the agreement will be considered void.

4. Parties lack contractual capacity

If one or more of the parties involved in an agreement lack contractual capacity, the agreement may be considered void. For example, minors, mentally ill persons, and intoxicated persons lack contractual capacity.

Why a Void Agreement Cannot Become Valid

Once an agreement has been declared void, it cannot be made valid. There are several reasons for this, including:

1. Lack of Legal Force

A void agreement has no legal force from its inception. It means that it was never legally binding, and therefore, it cannot be made valid.

2. No Consideration

Consideration is an essential element of a contract. It is the exchange of something of value between the parties. In a void agreement, there is no consideration, which means that the parties did not exchange anything of value. As such, it cannot be made valid.

3. Unenforceable

A void agreement is unenforceable, which means that no court or legal authority can enforce it. Even if the parties try to enforce it, the court will not support it because it lacks legal enforceability.

Conclusion

In conclusion, a void agreement is an agreement that lacks legal enforceability from its inception. Several reasons may lead to an agreement being declared void, including coercion, undue influence, illegality, and lack of contractual capacity. Once an agreement is declared void, it cannot be made valid. Therefore, it is essential to ensure that any agreement you enter into is legally enforceable.