The Contract Act 1872 deals with contract law in India, its rights, duties, and exceptions arising out of it. Section 2(h) of the Act gives us the definition of a contract, which is simply an agreement enforceable by law. To understand the difference between void agreements and voidable contracts it is important to talk about sections 2(h), 2(a), 2(1), 2(d), 14, 16 (3) and 15,24-28 of the Indian Contact Act. Void agreements are fundamentally invalid, making them unenforceable by default. These agreements cannot be fulfilled as they consist of illegal elements, and they cannot be enforced even after subjecting it to both parties. However, in the case of a voidable contract, the agreement is initially enforceable, but it is later on denied at the option of either of the parties due to various reasons.
Unless rejected by a party, this contract will remain valid and enforceable. The party who is at the disadvantage due to any circumstance applicable to the contract has the ability to render the agreement void. A void agreement is void ab initio, making it impossible to rectify any defects in it, while voidable contracts can be rectified. In the case of a void agreement, neither of the parties is subject to any compensation for any losses, but voidable contracts have some remedies. A valid agreement forms a contract that may again be either valid or voidable. The primary difference between a void agreement and voidable contract is that a void agreement cannot be converted into a contract.
Which of the following scenarios would most likely result in a void agreement?
Correct Answer :
An agreement to pay 10 lakhs on getting a government job
Solution :
The correct answer is: An agreement to pay 10 lakhs on getting a government job
Understanding the Legal Principles:
Based on the Indian Contract Act, 1872:
1. Void Agreement (Void Ab Initio): An agreement not enforceable by law is void from the very beginning (void ab initio). Under Section 23 of the Indian Contract Act, an agreement whose object or consideration is unlawful, contrary to public policy, or involves trafficking in public offices/procurement of public jobs is illegal and void. Offering money to secure a government position is considered opposed to public policy and illegal, rendering such an agreement completely void.
2. Voidable Contract: A contract which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others. For instance, an agreement entered into under duress, coercion (Section 15), or undue influence is voidable at the option of the aggrieved party whose consent was not free.
Evaluating the Given Scenarios:
- An agreement signed by someone under duress: This involves coercion, making the contract voidable at the option of the party under duress, not void ab initio.
- A contract with mutually agreed terms to sell a house: This is a standard, lawful contract and is fully valid.
- An agreement to pay 10 lakhs on getting a government job: Paying money to procure a government job is illegal and opposed to public policy under Section 23 of the Act. Thus, it is a void agreement (void ab initio) that cannot be enforced by law.
- A contract with a minor who understands the terms: Under Indian law (Section 11 and Mohori Bibee v. Dharmodas Ghos), any agreement with a minor is void ab initio regardless of their understanding, but among the choices, an agreement trafficking in public offices (paying 10 lakhs for a government job) is explicitly a classic statutory void agreement based on unlawful object/public policy.
Therefore, the scenario that most directly results in an illegal and void agreement under public policy and contract law principles is an agreement to pay 10 lakhs on getting a government job.
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