An Agreement Is Said To Be Opposed To Public When It


11. the form of the agreement and the agreement of the parties annihilating the law An agreement contrary to “public policy” cannot be applied by either party. Public policy is the “politics of the law”. The question whether or not an agreement is contrary to public policy must be transsible only on the basis of general principles and not by taking into account contractual conditions. Section 23 provides that the consideration or object of the agreement is unlawful when it is “fraudulent”. 17 However, subject to such exceptions and similar exceptions, contracts which are not unlawful must be observed in all respects: pacta conventa quae neque contra leges neque dolo mall inita sunt omnimodo observanda sunt (contracts which are not illegal, and not on fraud, must be taken into consideration in all respects). Example: A obtained a loan from B, a money lender, and agreed with B that, without B`s written consent, he would not leave his job or borrow money, sell his property, or change residence. It was found that the agreement was inconclusive. An agreement to restrict the marriage of a person other than a minor is null and void. The law does not require everyone to marry.

But if a person agrees not to marry at all, it goes against public order and is therefore not valid. In addition, an agreement in which a person agrees not to marry a particular person is also either, since it is contrary to public order In simple terms, Pubic Policy refers to the policy of the government for the good of society, It can also be said that if an agreement is contrary to a developed interest of society or the morality of the time, it can be said that this is contrary to public order and the agreement becomes invalid. It has been found that an agreement cannot be enforced if it is contrary to the public good[ii] or if it is contrary to the general policy of the law[iii]. In P. Rathinam v. Union of Idnia[iv], the Supreme Court held that the concept of public order was open to modification and expansion When someone markets enemies of the state, this is always considered contrary to public order. Contracts involving exchanges with enemies are illegal and are not enforced by the court….

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