An agreement is a legal contract that is formed between two parties with a mutual understanding. However, not all agreements are valid in the eyes of the law. Some agreements may be declared void due to various reasons. In this article, we will discuss the statement „an agreement must not be expressly declared to be void” in the context of contract law.
What does „an agreement must not be expressly declared to be void” mean?
This statement implies that an agreement should not contain any explicit provisions that declare it to be void. In other words, if the parties to the agreement mention in the contract that the agreement is void or unenforceable, then it will not be legally binding. This is because such agreements are considered to be against public policy.
When can an agreement be declared void?
An agreement can be declared void under the following circumstances:
1. If it is against public policy: Agreements that go against established legal principles or societal norms are considered to be against public policy. Such agreements are void and unenforceable.
2. If the parties do not have legal capacity: An agreement between parties who are minors or mentally incompetent cannot be enforced by law as they do not have the legal capacity to enter into a contract.
3. If it is illegal: Agreements that involve illegal activities or transactions are not binding in the eyes of the law.
4. If there is fraud or misrepresentation: If one party enters into an agreement under false pretenses or by making false statements, the agreement can be declared void.
Why is it important not to declare an agreement void?
It is essential not to declare an agreement void as it can lead to legal complications and may result in significant losses for both parties. By mentioning that the agreement is void, it indicates that the parties have not entered into the contract with a mutual understanding. It also signifies that the contract was not created in good faith and could lead to litigation.
Conclusion
In conclusion, an agreement must not be expressly declared to be void as it can lead to legal complications and render the agreement unenforceable. Parties to the agreement should ensure that the contract is legally compliant and in line with established legal principles. This will ensure that the agreement is valid and enforceable, and both parties can benefit from it.
