Question

________ has not been expressly declared void by the Indian Contract Act?

• A. Agreement made without consideration
• B. Agreement by a minor or a person of unsound mind
• C. Agreement in restraint of marriage of a minor
• D. Agreement of which the consideration and object are unlawful

Answer 1

The correct option is C Agreement in restraint of marriage of a minor

Under the Contract Act, 1872 there are certain agreements which are expressly declared void in the eyes of law which includes:

• Section 25 of the act which says that all those agreement which are without consideration are void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.
  
• Section 11 prescribes people who can enter into a valid contract which includes person who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.
  
• Section 23 provides that those agreements, considerations and objects of which are unlawful i.e. forbidden by law; or are of such nature that, if permitted it would defeat the provision of any law or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy, are void in nature.
  
• On the other hand Section 26 of the act considers agreements in restraint of marriage void unless the marriage is of a minor and hence it has not been expressly declared void.