Example – A enters into a contract with B in which he agrees to pay B if he misappropriates money from C. This is considered a fraudulent object and the contract is invalid. An object and/or consideration prohibited by law will not be considered lawful and will result in the nullity of a contract. Unlawful examination of the object refers to punishable unlawful acts. Acts prohibited by the competent authority under its rules and regulations shall also be taken into account for the purpose of establishing legality. However, if these rules and regulations do not comply with the law, they are not applicable. The object of the contract is the execution of an illegal act. The object of the contract is expressly or implicitly prohibited by law. Answer: An object can be legal or illegal. The law determines whether an object is illegal or not, while morality dictates its moral status.
An object may be legal if it is used in a manner permitted by law. For example, driving a car on the road is legal because it is within the limits of the law. Unlawful consideration of objects includes acts that are expressly punishable by law. This includes those prohibited by the competent authorities by rules and regulations. But if the rules issued by these authorities do not comply with the law, they will not apply. The parties involved cannot enter into a contract to commit illegality or criminal offenses during a real estate transaction. The purpose of a real estate contract must comply with the law and must not restrict the application of the law. For this reason, a contract between two parties involved in real estate fraud cannot be legal if the object of the contract is fraudulent. Similar to the example with a car from above, a contract for the sale of a house that is not legally yours becomes invalid because you cannot sell a property that is not legally yours.
Under this definition, for example, a contract to sell a stolen car is a questionable contract from the start, 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 the legal characteristics of legally valid contracts, we recommend that you contact a lawyer or real estate lawyer. The object of the contract and the consideration of the contract must not be fraudulent, because then the contract becomes null and void. An item prohibited by law and/or consideration will not be considered lawful and will constitute an invalid contract. Unlawful object examination refers to unlawful acts that may be punishable. Acts prohibited by the competent authority under its rules and regulations shall also be taken into account for the purpose of establishing 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 null and void because the conclusion of an agreement with the enemy is contrary to public policy. Any agreement between L and P is also invalid because it is guaranteed for the main agreement.
Legality of object and consideration under the Indian Contracts Act, 1872 In Gherulal Parakh v Mahadeodas, the Supreme Court cited certain agreements where the consideration or object is immoral: promises of marriage for consideration, contract for the sale of objects to be used by a prostitute to enable her to practise her profession, Contract facilitating divorce, agreement to pay money for future cohabitation, etc. The purpose of a real estate contract must comply with the law and must not restrict the application of the law. For this reason, a contract 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 conclusion of the contract is intended to violate the statutory provisions, the contract is considered null and void. The contract is invalid if: Let`s look at some examples of contracts that violate public order; And if the consideration and/or object of an agreement is found by a court to be immoral and unreasonable, such an agreement is void and unenforceable in court. A legitimate aim in commercial law means that it must not be contrary to public policy. The purpose of public order is not to restrict the rights of an individual, but to preserve and protect the general welfare of the community.
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