Page 66 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

Mistake (Clause 21, 22, 23)
✓ Where both parties to an agreement are under a mistake as to

a matter of fact essential to the agreement, the agreement is

void.

2.4.2 UNLAWFUL AGREEMENT

Every agreement of which the object or consideration is unlawful

is void. (Lawful consideration and lawful object).

a. Agreement forbidden by laws (not only common law and

equity but includes statues)

✓ Legislation may enact laws forbidding certain types of

agreements declaring them void

✓ Statutory illegality, Gaming and contracts, Illegality to
common law (commit crime or civil wrong)

b. Agreement that would defeat the provision of any law

✓ The agreement basically is valid but the execution of the

agreement or some of it that defeat the provision of any

law (statue, common law, etc.) make it void.

✓ Clause 27 (restrain of marriage): Any contract which

restrains someone from marrying for one's whole life or

even for a specified period of time is a restraint of

marriage contract. In some countries, it is considered to

be a void contract and cannot be enforced by law.

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