15 Following a contract entered into by undue influence Section 20 Section 66 – the person who has obtained an advantage from such a contract or contract is required to repay it to another party or to pay appropriate compensation to the person from whom he receives 9 that is a “VOIDABLE CONTRACT”? Article 2 (i) An agreement legally applicable to the choice of one or more parties, but not to the choice of another or the other, is an unsigned contract. 29 MISTAKE MADE BY ONE PARTY (see 23) The contract is not cancelled Tamplin v. James 19 Make an agreement if consent is caused by fraud. 19- Nullity to the choice of the party, whose approval was thus provoked the exception of fraud by silence – the obligation of the induced party to exercise ordinary diligence. Tan Chye Chew – SL lwn. Eastern Mining – Metal Co. Ltd 1 empty and unre confessed agreements -A Letter AnalysisBy Nupur Thapliyal “I don`t like fair terms and a rogue spirit.” -William Shakespeare (in The Venice Trader) 8 EXAMPLES OF VOID AGREEMENTS The convention on the retention of court proceedings is null and void. (p. 28) An agreement whose terms are uncertain is undying. (p. 29) A bet(bet/bet) agreement is not valid.
(Sec 30) An agreement that depends on the arrival of an impossible event is non-concluding. (p. 36) The agreement of an impossible act is an inconclusive act. (P. 56) 5 Section 10 (1) All agreements are contractual if they are concluded by the free consent of the parties…. Section 13 Consent refers to contractual freedom, mutual consent and consensus on the terms agreed upon by the parties in a contract. 2 intro According to S 2 (h) of CA 1950, contracts are defined as legally enforceable agreements, but with the existence of a vitiating factor, it will have consequences on the applicability of Agreement 5 that is a “VOID AGREEMENT”? P. 2 (g) Sec.-11, paragraph 20, sec 10, paragraph 24, an agreement that is not applicable is considered to be non-applicable. An agreement reached by incompetent parties (minor/of unsound mind/Incapacitated Person for other reasons) is not valid. Any agreement that has made a bilateral error – with regard to the essential facts – is not concluded.
Agreements that are the subject of illegal activity are cancelled. 10 WHAT IS A “VOID CONTRACT”? Article 2, point (j) A contract that is no longer enforceable by law expires when it is no longer enforceable. 15 Suite: -Interest rate agreements that involve illegal gambling, betting or lotteries – agreements that negatively affect marriage VOIDABLE CONTRACT Section 2 (i) a contract punishable by compensatory measures :- 11 DISTINCTION VOID ANDVOIDABLE CONTRACTSIs valid if made but do not become applicable later for certain reasons. An invalid contract expires at the instigation of the victim and therefore remains valid until such termination. 21 3) which, although innocent, a party to an agreement to make a mistake in the case that is the subject of the agreement 27 MISTAKE MADE BY BOTH PARTIES (see 21), both parties are in fact essential to the agreement in error.