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Wednesday 1 April 2020

Lawful objects


Hello my reader friends. This is one more blog in the series of Law of Contract. This blog is discussing about "Lawful objects". Please read this blog till the end and share it with all law students. These are the notes for preparing exams of Law degree. 


NJ Court: State Can’t Criminalize Possession of “Pencils” and Other Lawful Objects for Home Self-defense
Image Credit: www.nraila.org



Lawful Objects:
It is also necessary that agreement should be made for a lawful object. The object for which the agreement has been entered into must not be fraudulent, illegal, immoral, or opposed to public policy or must not imply injury to the person or property of another. Every agreement of which the object or consideration is unlawful is illegal and the therefore void. An unlawful consideration leads to unlawful object of the contract.

Objectives of an agreement should be lawful. It must not be illegal or immoral or opposed to public policy. It is lawful unless it is forbidden by law. When the object of a contract is not lawful, the contract is void.
For the formation of a contract, it is also necessary that the parties to an agreement must agree to a lawful object. The object must not be fraudulent or illegal or immoral or against the public policy or must not imply injury to the person or the other of the reason mentioned above the agreement is void.

Section 23:
In Section 23 of the Indian Contract Act, 1872 the unlawful considerations are defined as all those which:
(i) it is forbidden by law.
(ii) is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent.
(iii) involves or implies, injury to the person or property of another
(iv) the Court regards it as immoral or opposed to public policy

Example:

1) If A forces B to sign a contract for murdering C. This is not a lawful object. Hence, the contract will be void.

2) A promise to pay B Rs.5 thousand if B beats C. The agreement is illegal as its object is unlawful.
Here we are discussing about one of the essentials of a valid contract, listed as follows. All essential features of a valid contract are as follows.












Thanks for reading till the end. The underlined part in this article is the most important part of this subject and you must write atleast this part in the exam. Also relevant case laws will give you more advantage and an example is must in answer. Please share this blog with all the law students.

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