In restraint of marriage?Asked by: Toney Reichel Sr.
Score: 4.6/5 (14 votes)
Restraint of marriage refers to a condition that nullifies the grant to which it applies if the grantee marries or remarries. Restraints of marriage are usually void if they are general or unlimited in scope. ... A condition in general restraint of marriage is void and a condition in partial restraint of marriage is valid.
What is agreement in restraint of marriage are there any exceptions to this?
Section 26 of the Indian Contract Act of 1872 states that every agreement in restraint of marriage, except those in restraint of marriage of minors, is void.
When an agreement in restraint of marriage is void?
26. Agreement in restraint of marriage, void. —Every agreement in restraint of the marriage of any person, other than a minor, is void. —Every agreement in restraint of the marriage of any person, other than a minor, is void.
What is the effect of an agreement in restraint of marriage explain with an example?
A person Susan agrees with John, in return for some consideration, that she will not marry a certain person Mark. This agreement is one in restraint of marriage and is thereby void. Tina's father promises a person Rahul, that he won't marry his daughter Tina to anyone else but he, if only he would pay a sum of Rs.
Is wagering agreement void?
Introduction. According to section 30, “Agreement by way of wager are void; and no suit shall be brought for recovering anything alleged to be won for any wager, or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made.
What is not expressly declared void?
Sale of Goodwill- If a person sells his goodwill along with the business, then the buyer can restrain the seller from practising the same business within local limits. Such an agreement will be deemed valid and it is an agreement not expressly declared void.
What agreements are considered void?
An agreement whose meaning is uncertain cannot be a valid agreement, it is a void agreement. If the essential meaning of the contract is not assured, obviously the contract cannot go ahead. But if such uncertainty can be removed, then the contract becomes valid. Say for example A agrees to sell to B 100 kg of fruit.
What are the exceptions to the rule an agreement in restraint of trade is void?
Exception 1 : Saving of agreement not to carry on business of which goodwill is sold-One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a ...
How is an agreement in restraint of legal proceedings void?
The agreement is void if it extinguishes the right of any party to it, or releases any party thereof from liability, in respect to any contract on the expiry of a specified period so as to restrict any party from enforcing its rights, is void to that extent.
What is an example of a void contract?
An agreement to carry out an illegal act is an example of a void agreement. For example, a agreement between drug dealers and buyers is a void agreement simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract.
What are the essentials of a valid contract?
A contract has six important elements so that it will be valid which is offer, acceptance, consideration, intention to create legal relation, certainty and capacity. If the main elements are not in contract, it would be an invalid contract.
Is a contract without consideration valid?
A contract without consideration is void because it is not legally enforceable. "Consideration" means that each party must provide something of value to the other party as designated by the contract terms.
Whats the meaning of nullifies?
nullify, negate, annul, abrogate, invalidate mean to deprive of effective or continued existence. nullify implies counteracting completely the force, effectiveness, or value of something.
What is the meaning of restrained Urdu?
Restrained translation is "Zabt shuda" and Restrained synonym words Guarded, Moderate, Modest, Quiet and Reserved. Restrained meaning in Urdu is ضبط شدہ and Restrained word meaning in roman can write as Zabt shuda. ...
What is a marriage brokerage contract?
A marriage brokerage contract is a contract to remunerate a third person in consideration of his negotiating a marriage & as such is contrary to public policy and cannot be enforced.” A Marriage brokerage agreement is vastly different from an agreement in restraint of marriage, because it is essentially an agreement ...
How legal is a restraint of trade?
A restraint of trade clause is valid and enforceable in our law, unless, inter alia, they impose an unreasonable restriction on a person's freedom to trade, in which case they will be held to be against public policy and therefore illegal and unenforceable.
What are the rights of an agent?
Rights of an agent
Right to remuneration– an agent is entitled to get an agreed remuneration as per the contract. ... Right of lien– an agent has the right to hold back or retain goods or other property of the principal received by him, till the time his dues or other payments are made.
What is doctrine of restraint?
It is a general principle of the common law that a person is entitled to exercise his lawful trade or calling as and when he wills and the law has always regarded jealously any interference with trade, even at the risk of interference with freedom of contract as it is public policy to oppose all restraints upon liberty ...
What is difference between void and voidable contract?
The difference between void and voidable contracts Is that a void contract is illegal and unenforceable while a voidable contract is legal and the parties can enforce it. A void contract is invalid or entirely against the law, so no one involved can say it's enforceable under the law.
What is a person making a proposal called?
proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”; (d) When, at the desire.
What makes an agreement null and void?
A null and void contract is a formal agreement that is illegitimate and, thus, unenforceable from the moment it was created. Such a contract never comes into effect because it misses essential elements of a properly designed legal contract or violates contract laws altogether.
What does declared void mean?
That which is null and completely without legal force or binding effect. Something that is voidable may be avoided or declared void by one or more of the parties, but such an agreement is not void per se. ...
Are not hereby expressly declared to be void?
10. What agreements are contracts. —All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
When a valid contract becomes void?
A contract becomes void if either it lacks the essential elements, the law changes drastically or the terms of the contract change such that it is no longer possible to enforce the contract in a court of law.