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VOID AGREEMENTS

SECTION 26
AGREEMENT IN RESTRAINT OF MARRIAGE

Every agreement in restraint of marriage of any


person, other than a minor , is void.
Section 27
Every agreement by which any person is restrained from exercising a lawful trade ,
profession , business of any kind is to that extent void

Exceptions

Statutory

Sale of goodwill

Partnership law

2. Judicial

Service agreements

Solus or exclusive dealing agreements

Trade combinations
Section 28
Agreement in restraint of legal proceedings

Every agreement, by which any party thereto is


restricted absolutely from exercising his lawful rights in
respect of the contract or which limits the time within
which he may enforce his rights, is to that extent void.

Exception

Arbitration
Section 29
Ambiguous agreements

Agreements, the meaning of which is not certain or


capable of being made certain, are void.

Illustrations
Price for the goods to be decided by a third party
Price to be paid if the article is lucky
Tenant to pay rent after deducting cost of repairs
Price payable only when able
Section 30
Wagering agreements

What is a wager?

A promise to pay money or moneys’ worth upon determination or


ascertainment of an uncertain event.

Essentials

1. Uncertain event
2. Mutual chances of gain or loss
3. Neither party to have any control over the event
4. The parties not to have any interest in the event except the
amount of bet.