Legality of Object in Contract Law

A. The agreement is considered null and void as it violates the provisions of Hindu law. The nature of the contract between husband and wife violates the spirit of Hindu marriage law and is therefore considered void. Example – A lends money to B on the condition that B divorces C and later marries A. If B does not divorce C, A cannot take legal action against B to recover the money. The basic requirement of this contract is immoral, so it is considered null and void. According to Article 23, the words mentioned, « if this were allowed, it would nullify the legal provisions ». Therefore, the purpose of the contracting parties is contrary to the legal provisions and if this is allowed, it will nullify all legal provisions and it would be illegal and void. The contract is therefore void if the court considers it immoral, immoral contract; The object of the contract must not result in the destruction of property or injure another person. The definition of lawful subject matter is something that is legal and implies that something that is illegal cannot be the subject of a contract.

For example, according to this definition, a contract for the sale of a stolen car is a contract that is questionable from the beginning, just as it is illegal to sell a stolen car. For this reason, we can say that a legitimate object cannot be a crime. For more information on legal properties in legally valid contracts, we recommend that you contact a lawyer or real estate lawyer. The object of the contract and the consideration for the contract must not be fraudulent, because the contract will then become null and void. An object prohibited by law and/or consideration will not be considered lawful and will constitute an invalid contract. Unlawful consideration of the object means illegal acts that may be punishable by law. Acts prohibited by the competent authority on the basis of its rules and regulations shall also be taken into account for the purpose of determining legality. However, if these rules and regulations do not comply with the law, they are not applicable. The nature of the object and consideration is such that it destroys the purpose of the law. Theft. Any agreement on the purchase of goods between P and X is considered invalid because the conclusion of a trade with the enemy is contrary to public order. Any agreement between L and P is also invalid as it is guaranteed for the main agreement.

L cannot therefore claim his money from P. However, if L did not know the reasons for P`s borrowing, he can perform the contract to recover the money. Can a real estate purchase contract be declared invalid because the landlord refuses to correct a modified staircase that no longer complies with building regulations? The legality of the object and consideration was set out in section 23 of the Indian Contract Act 1872. Lawful object and lawful consideration are some of the important essential elements of a valid contract. If there is an illegal consideration and objection in the agreement, it will be considered an illegal agreement. The contract is considered a valid contract if it fulfills the essential elements of a valid contract. Previously, we had discussed in detail the essence of a valid contract. The consideration and/or the object of an agreement are lawful if they are not contrary to public policy. The legitimate objective in economic law and the legal consideration mean that public policy must be opposed. However, there are certain exceptions in this case where a man is exempt from the consequences of an illegal contract in which he has concluded.

This maxim does not apply to these cases. There are three classes; Unlawful consideration and unlawful purpose include acts or omissions punishable by law. The competent authority shall prohibit such acts or omissions by means of rules and regulations adopted by it. The legality of the object of the contract in contract law stipulates that the consideration and the object of the contract are considered lawful, unless: The contract is considered illegal if the consideration and the object of the contract are fraudulent. The Latin maxim pari delicto potior is conditio defendantis, which means: « The courts may refuse to execute an illegal agreement if the party has entered into a contract in a spirit of fraud or illegality. At this point, three principles flow from this article according to which the agreement or contract is void if: Another principle that can invalidate a contract is an illegal consideration. The legal consideration and object are found in section 23 of the Indian Contract Act of 1872. So, here, the question arises, what is a legal consideration? and what is a legitimate purpose? To get the answer, we must look at section 23 of the Indian Contracts Act, 1872 If the object and/or consideration for the contract is considered immoral, the contract will not be deemed void. Immoral actions are directed against general reasonable and acceptable behavior or personal behavior accepted by society. We have therefore come to the conclusion here that the consideration and/or the object of an agreement that is lawful, should not be prohibited by law, should not circumvent legal provisions, should not be of a fraudulent nature, should not involve a violation of the person or property of others, should not be immoral, should not violate public order. As one of the principles of the contract, the meaning of the legitimate object can be defined as an object or an act authorized, authorized and not prohibited by law.

A contract to be legal requires legally competent parties, mutual consent, legitimate purpose and acceptable consideration. The notion of lawful object also implies an ethical quality, since the object in question is not only legal; it is also ethical and acceptable to society as a whole. A real estate contract requires certain elements to be valid, like most other contracts. One of these elements is the legitimate object or purpose. Although the agreement can also be verbal if it does not have legal objective real estate, it can be annulled by the courts. The object of a contract or agreement is its object or design. If the object of the contract is illegal, the contract may be declared null and void. The object of the contract is the performance of an unlawful act. If the consideration or object of an agreement is prohibited by law, the counterparty or the object of an agreement is not a legal consideration or an object of right at that time. Therefore, if the consideration or the object of an agreement is illegal, the contract is void. The object of the contract is expressly or implicitly prohibited by law. The parties concerned may not conclude a contract of illegality or criminal offence during a real estate transaction.

The subject matter of a real estate contract must comply with the law and must not restrict the application of the law. For this reason, a contract signed between two parties dealing with real estate fraud cannot be legal if the object of the contract is fraudulent. Similar to the example of a car from above, a contract to sell a house that is not legally yours is invalid because you cannot sell a property that does not legally belong to you. If the purpose of the conclusion of the contract is to violate the legal provisions, the contract is considered null and void. The contract is invalid if: Let`s look at some examples of contracts that are contrary to public policy; And if the consideration and/or the object of an agreement is deemed immoral and inappropriate in a court, such an agreement is a void and unenforceable agreement in a court. A lawful object in economic law means that it must not be contrary to public policy. The purpose of public policy is not to restrict the rights of an individual, but to preserve and protect the general well-being of the community. Let`s see what types of contracts are considered contrary to public order: Hey Jerry! Thank you for contacting us. While building code violations can vary from state to state and you should check with your local real estate agents or real estate attorneys, such a situation can usually invalidate a contract. For example, if the buyer was informed of the staircase change or if the problem was discovered by an inspector, the seller was able to correct the change. At the same time, they can choose not to do so and the buyer can make the purchase.

In this situation, a renegotiation should take place, since the amount needed for repairs should be excluded from the fixed price. .