LAWFUL OBJECT Sec 10 of the Indian contract

LAWFUL OBJECT Sec 10 of the Indian contract 1872, prvides that Agreement is valid only if it is made for a lawful consideration and with lawful object. That means both consideration and object of an agreement must be Lawful in order to make the contract valid. if either the consideration or the Object is unlawful for any reason contract is void

As per Sec 23 of Indian contract 1872, the object or the consideration is unlawful in following cases: 1. If it is forbidden by law: An act is forbidden by law : • When it is punishable by the criminal law • when it is forbidden by law or prohibited in any special act or legislation. For Eg: Essential commordities act, Rent restriction act, smuggled goods sale or purchase, agreement to marry another when partner is alive, promise to drop prosecution in case of robbery

2. If it is of such nature that, if permitted it would defeat the provision of any law: If the object of the contract is indirectly leading to the violation of law. For Eg: An agreement between husband wife to live seperately Guardian of minor borrowing money to celebrate the marriage of minor 3. If it is fraudlent: When the object is to defraud others For eg: deviding the money aquired by fraud Agreement between 2 people to defraud 3 rd party Agreement to lease principals property by agent

4. If it involves injury to the person or property: An agreement the object of which involves injury to the person or property of another person is unlawful and void. For eg: Agreement to pull anothers house Agreement to assault or beat someone Agreement to destroy the property of another

5. If it is regarded as immoral Which are contrary to moral For eg: Interference with marital relations: giving money to married women to procure divorce Sexual immorality Agreement between and wife to seperate in future Agreeing to to give daughter to someone without being marriage letting a flat for prostitution Agreement for future marriage

6. If it is opposed to the public policy i. e; Doctrine of public policy An agreement which is injurious to the public or against the interest of the society is said to be opposed to public policy For eg: v v v Agreement of trading with alien enemies Agreement interefering with the course of justice Agreements for stirfling criminal prosecution Trafficking in public offices, titles and honours Agreements unduly restraining personal liberty or freedom of individuals. Agreements creating an interest opposed to duty

v Agreements in restraint of parental rights or duties: For eg: father of minor son agreeing to transfer their guardianship to another on an irrovacable basis v Agreements interfering with marital duties. For eg: agreement to lend money to women to enable her to get divorce and marry the lender v Marriage brokerage agreements For eg: Dowry and brokerage v Agreements in restraint of marriage. For eg: to stop marriage v Agreements tending to create monopolies.

v Agreements to influence elections to public officer. For eg: agreement with voter, agreement with rival candidates to withdraw candidature v. Agreements to defraud creditors For eg: insolvent person transfering property to a third person v Agreements to defraud revenue authorities For eg: employee getting more money than the expenses incurred as a allowance addition to the salary. v Agreements to induce persons to give evidences in civil courts. For eg: money is given to induce witnesses to give evidences