Question

X promised Y to pay Rs 10,000 to him if he murders Z. Y murdered Z, but X refuses to pay the promised sum to him. Y cannot enforce the agreement because of _________________.

• A. Illegality of objects
• B. Agreement being verbal
• C. Consideration being inadequate
• D. Absence of free consent

Answer 1

The correct option is A Illegality of objects

As per section 23 of the Contract Act, those agreements are void which have unlawful considerations. The consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions 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.

In the present case, the consideration of the agreement between X and Y is to murder Z which in itself is an illegal and forbidden act and defeat the provisions of law and hence this agreement cannot be enforced by Y due to illegality of the consideration.