Void contract and void agreement
Arjun Dev Mullankara
(Querist) 13 October 2011
This query is : Resolved
May I please know if void contract and void agreement the same thing,if they are different please explain the difference.
kuldeep kumar
(Expert) 14 October 2011
u r entitled as a matter of right to ask.but where u entertain doubt pls mention a lil bit.
prabhakar singh
(Expert) 14 October 2011
An agreement enforceable at law is called"contract".
An agreement may be lawful,void ,voidable,or illegal.
You are advised to read section 2 of the Indian Contract Act.
Guest
(Expert) 14 October 2011
I agree with experts
Nadeem Qureshi
(Expert) 14 October 2011
Void agreement:
1- Enforceability:
A void agreement is not enforceable by law.
2- Defects:
A void agreement is not void ab-initio and its defects cannot be removed.
3- Rights of third party:
In a void agreement a third party who buys goods in good faith and for consideration does not acquire any rights.
4- Compensation:
In a void agreement the person is not entitled to compensation for loss arising due to non-performance of the agreement.
5- Collateral agreement:
A collateral agreement to void agreement is not enforceable by law.
6- Laps of time:
It can never become a valid contract on the expiry of reasonable time.
7- Free consent:
It is void due to lack of any essentials of a valid contract except free consent
A void contract is one which has no legal effect whatsoever owing to the fact that a transaction which is void is without any legal effect, it I a misuse of terms to call transaction a void contract. It may be called accurately a void transaction or a void agreement
AAK
(Expert) 14 October 2011
All the contracts are agreement but all the agreement cannot be said as contract. A contract is an agreement which is enforceble by law. i.e. it is an concluded legal transaction but it is not the same in case of every agreement.
kuldeep kumar
(Expert) 14 October 2011
AGREEMENT IS THAT WHICH CAN BE CURED.CONTRACT IS THAT WHAT CAN NOT BE CURED MUST BE ENDURED.
Dr V. Nageswara Rao
(Expert) 14 October 2011
1. Void contract and void agreement are same.
2. Technically, void contract is a contradiction in terms because a contract is one which is enforceable at law.
3. A contract entered into without free consent is not void but voidable at the option of the party.If the party does not exercise that option, the contract will continue to be enforceable.
4. A contract may fulfill all the legal requirements except the legality of the object. Thus an agreement to commit murder is void because its object is allegal.Such a contract is void ab initio and is dead letter.
5 A contract that is valid at onception can become void subsequently if, for instance, a law is passed making it illegal, eg., trading with enenmy. Such a contract is not void ab initio but "becomes" void from the date of illegality.
bhupender sharma
(Expert) 14 October 2011
simple answer is that all the agreement may not be contract rather all the contracts may be agreements. Therefore the viod contract always be void ab initio and the viod agreements may not be void it is at the options of the parties.
R.Ramachandran
(Expert) 14 October 2011
Dear Mr. Bhupender,
I am afraid, you do not appear to have appreciated what Dr. V.Nageswara Rao has written. If you had read and appreciated then you would not have posted what you actually posted.
Dr. Rao, brings out a very finer nuance and legal position that since the very definition of "contract" is one which is enforceable under law, the question of it being called "void" ab initio cannot arise at all.
prabhakar singh
(Expert) 14 October 2011
The mistake will continue till people from among us proceed to understand the two terms
"agreement" and "contracts" as synonymous to each other.
Other wise my answer posted in two lines sums up the very controversy.To repeat again the same::
"An agreement enforceable at law is called"contract".
An agreement may be lawful,void ,voidable,or illegal."
