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Legality of Object. Conditions. If it is forbidden by law If permitted would defeat the provisions of law Napier vs National Business Agency If it is fraudulent If it involves injury to the person or property of another Ram Saroop vs Bansi Mandar If courts regards it as immoral
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Conditions • If it is forbidden by law • If permitted would defeat the provisions of law Napier vs National Business Agency • If it is fraudulent • If it involves injury to the person or property of another Ram SaroopvsBansiMandar • If courts regards it as immoral • When opposed to public policy
Agreements opposed to public policy • Agreements of trading with enemy • Agreements to commit crime • Agreements which interfere with administration of justice (Stifling of prosecution, Maintenance & champerty) • Agreements in restraint of legal proceedings • Trafficking in public offices and titles • Agreements tending to create interest opposed to duty • Agreements in restraint of parental rights
Contd • Agreements restricting personal liberty • Agreements in restraint of marriage • Agreements interfering with marital duties • Agreements in restraint of trade • Agreements to defraud creditors