Void Contract - Law Dictionary Search Results
Home Dictionary Name: void contract Page: 2Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Lex loci contractus
Lex loci contractus (the law of the place of the contract). Generally speaking, the validity of a contract is decided by the law of the place where it was made. If valid there, it is, by the general law of nations (jure gentium), held valid everywhere, by the tacit or implied consent of the parties. the rule is founded not merely in the convenience, but in the necessities of nations; for otherwise it would be impracticable for them to carry on an extensive intercourse and commerce with each other. the whole system of agencies, of purchases and sales, of mutual credits, and of transfers of negotiable instruments, rests on this foundation; and the nation which should refuse to acknowledge the common principles would soon find its whole commercial intercourse reduced to a state like that in which it now exists among savage tribes.The same rule applies to the invalidity of contracts; if void or illegal by the law of the place of the contract, they are generally held void and illegal everyw...
Immoral contracts
Immoral contracts, contracts founded upon considerations contra bonos mores, are void. Ex turpi contractu non oritur actio. But where a contract founded upon an immoral consideration has been executed, neither law nor equity will interfere to set it aside if both parties have been equally in fault, for in pari delicto potior est conditio defendentis.Yet a contract under seal, made in consideration of past seduction or cohabitation, can be enforced; not because it is binding in honour and conscience, for such a reason is not sufficient, but because it is a specialty (see CONTRACT), and has not been made for an executory consideration of an illegal nature. A covenant to pay money in consideration of future cohabitation is void, though under seal, Ayerst v. Jenkins, (1873) LR 16 Eq 275. See ILLEGAL CONTR-ACT....
nullity
nullity pl: -ties 1 : the quality or state of being null 2 : an act, proceeding, or contract void of legal effect compare impediment absolute nullity in the civil law of Louisiana : a contract or act considered void by virtue of a transgression of the public order, interest, law, or morals [a bigamous marriage is an absolute nullity "Louisiana Civil Code"] ;also : the quality or state of such a nullity NOTE: A marriage that is an absolute nullity does not have to be annulled to terminate its legal effects (as property rights). rel·a·tive nullity in the civil law of Louisiana : a nullity that can be cured by confirmation because the object involved is considered valid ;also : the quality or state of such a nullity NOTE: A contract that is a relative nullity may be annulled and the parties restored to their original positions. A marriage that is a relative nullity must be annulled to terminate the legal effects (as property rights) of the marriage. ...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Perished goods
Perished goods. 'Where there is a contract for the sale of specific goods and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void,' and 'where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.'-Sale of Goods Act, 1893, ss. 6, 7. See IMPOSSIBILITY....
Object
Object, the word object would mean the purpose and design which is the object of the contract, if it is opposed to public policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is void under s. 23 of the Contract Act. S. 23 is concerned with only the object or consideration of the transaction and not the reasons or motive which prompted it, Gurmukh Singh v. Amar Singh, (1991) 3 SCC 79 (82). (Indian Contract Act, 1872, s. 23)...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Alien enemy
Alien enemy, a subject of a nation which is at war with this country. A contract with him is void, Brandon v. Nesbitt, (1794) 6 TR 23, unless he have a safe conduct or be living in this country by licence of the Crown; and so is a contract with his wife, De Wahl v. Braune, (1856) 25 LJ Ex 343. Further, not only commercial intercourse but all intercourse with an alien enemy is prohibited by the common law; see The Hoop, (1799) 1 C Rob 196, where Sir William Scott described an alien enemy as 'totally ex lege'; The Cosmopolite, (1801) 4 C Rob 8; The Panariellos, (1915) 138 LT Journ 484. Nor can an alien enemy exercise a right of voting in respect of shares in an English company, Robson v. Premier Oil Co., 1915 (2) Ch 124, nor (unless within the realm by the King's licence) can he sue here during the war, though he remains liable to be sued, Porter v. Freudenbery, 1915 (1) KB 857. As to the Crown's right at common law to forfeit the private property of subjects of an enemy state, see In re...
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