What are Expressly Declared Void Agreements?

Expressly void agreements are those agreements that are specifically declared as void by the Indian Contract Act of 1872. 

Let’s look at some examples of expressly void agreements

Agreement in Restraint of Marriage

Any agreement that restricts the marriage of an adult is void. However, this does not apply to minors. 

For instance, if someone agrees not to marry in exchange for consideration, such an agreement is expressly void.

Agreement in Restraint of Trade

An agreement that restrains a person from engaging in a trade, profession, or business is void. However, there are exceptions to this rule. 

For instance, when a person sells their business along with the goodwill, they may agree not to practice the same business within certain limits. Similarly, partners may agree not to engage in competing businesses during the partnership.

Agreement in Restraint of Legal Proceedings

An agreement that prevents a party from enforcing their legal rights through the legal process is void. 

However, there are exceptions when parties agree to refer disputes to arbitration or if they agree to refer present or future disputes to arbitration in writing.

Agreement Whose Meaning is Uncertain

An agreement with uncertain meaning is void. If the essential meaning of the contract cannot be ascertained, the contract cannot be enforced. 

However, if the uncertainty can be removed, the contract becomes valid.

Say for example A agrees to sell to B 100 kg of fruit. This is a void contract since what type of fruit is not mentioned. But if A exclusively sells only oranges then the agreement would be valid because the meaning would now be certain.

Wagering Agreement

An agreement to wager, which depends on the happening or non-happening of an uncertain event, is void. 

The elements of a wagering agreement include a promise to pay money or money’s worth, dependence on an uncertain event, and a common intention to bet. There is 50% chance of winning or losing in this type of agreement.