Question

An agreement not enforceable by law is said to be ____________ under the Indian Contract Act, 1872.

• A. Illegal
• B. Illegitimate
• C. Stale
• D. Void

Hint:

Remember the clear distinction: An "agreement" can be void, but a "contract" becomes void (Section 2(j)) when it ceases to be enforceable.
We never use the term "void contract" for an agreement that was unenforceable from the very beginning.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks for the statutory definition of an agreement that cannot be enforced in a court of law under the Indian Contract Act, 1872.

Step 2: Key Legal Principles and Approach:
The definition of various types of agreements and contracts is provided in Section 2 of the Indian Contract Act, 1872.
Section 2(g) specifically defines agreements that lack legal enforceability.

Step 3: Detailed Explanation:

• Void Agreement Definition: Section 2(g) of the Indian Contract Act, 1872, states: "An agreement not enforceable by law is said to be void."

• Void ab initio: A void agreement does not create any legal rights, obligations, or duties from its inception.

• It is considered null and has no existence in the eyes of the law (e.g., an agreement with a minor under Section 11, as ruled in the classic case of Mohori Bibee v. Dharmodas Ghose).

• Void vs. Illegal: While all illegal agreements (which are forbidden by law or involve criminal acts) are void, not all void agreements are illegal.

• For example, an agreement in restraint of marriage (Section 26) or trade (Section 27) is simply void and unenforceable, but not criminally illegal.

• Therefore, the accurate statutory term for any agreement not enforceable by law is "void", which aligns with Option (D).

Step 4: Final Answer:
According to Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is void, making Option (D) the correct answer.