Section 26. Convention on the Limitation of Marriage Nullig – Exception 1: This section cannot be considered a contract in which two or more persons agree that any dispute that may arise between them concerning an object or class of subjects is referred to arbitration proceedings, and that only the amount awarded in such an arbitration procedure can be repaid with respect to the so-called litigation. Example – John promises Mona to sell his Samsung tablet for 20,000 Rs. and Mona has agreed to buy it for the amount mentioned, here “John” and “Mona” have reached an agreement. (d) the outbreak of war. The alien enemy does not have the ability to escape and an enemy country during the war, it must not be opposable in the field of trade with an enemy. If a contract is made with a country and after a certain period of time the country is declared an enemy because of the war, the treaty may be suspended until the end of the war. In the case of Kores Mfg Co Ltd against Kulok Mfg Ltd, the two employees of the candy company had agreed that one of them would not employ a person who had worked in the other person`s factory for the past 5 years to protect trade secrets and other confidential information. The court had quashed this agreement, since the ban applied to all workers, regardless of their abilities and positions. Where a transaction resulting from an unlawful act indicates that, when separated from the illegal party, they are considered a valid agreement, those transactions have a value in the eyes of the law, regardless of the illegality of the agreement . The first exception, which falls under Section 25 (1), is the “contract on the basis of love and affection,” in which the written and recorded contract is made out of love and affection by a party close to a relationship. b.
Commercial impossibility. If a party is unable to meet its share of its promise because of the unfavourable contract, it cannot evade its default commitments. This article was written by Shikha Singh, who is a 2nd year student of BCom.LL.B. Banasthali Vidyapith, Rajasthan. The author in this article discusses in detail the agreement not reached under sections 24 to 30 of the Indian Contract Act, 1872 and also on the agreements expressly declared in null and void. The impossibility that occurs after the conclusion of the contract is dealt with under Section 27 of the Act.