Wednesday, June 19, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

CONTRACTMODEL ANSWER

LAWFUL OBJECT & CONSIDERATION

โ€˜Aโ€™ enters into an agreement with โ€˜Bโ€™ promising him to secure a government job for a consideration of Rs. 1 lakh. Is this agreement enforceable? Why.

The main issue which is involved in the present case is whether an agreement between โ€˜Aโ€™ and โ€˜Bโ€™ is enforceable? It is true that every contract is an agreement but every agreement is not a contract.

According to the provisions of Indian Contract Act, 1872, every agreement that is enforceable by law can be converted into a lawful and valid contract. If an agreement is not enforceable by law, then in such a case, that agreement cannot be considered a valid and binding contract.

Section 10 of the Indian Contract Act, 1872, deals with the provisions of enforceability of an agreement. According to section 10, if an agreement is made by parties who are major and of sound mind and who have given their consent freely and the object and consideration of an agreement is lawful, then only that agreement can be converted into a valid contract.

So, it is clear that if the object and consideration of an agreement is lawful, then only, it can be converted into a valid contract and section 23 of the Indian Contract Act, 1872, states that if the object and consideration of an agreement is not opposed to public policy or defeat the provisions of law, then only that object and consideration can be considered lawful.

In the leading case of Brij Mohan vs Madhya Prasad Road Transport Corp., the Honโ€™ble court held that if the object and consideration of an agreement is unlawful, then in such a case, that agreement cannot be enforceable by law and it cannot be converted into a valid and binding contract.

In the present case, the agreement between the parties was opposed to public policy and against the provisions of law. Hence, this agreement cannot be enforceable by law.

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