09-11-2016, 03:33 PM
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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
• Agreements restricting personal liberty
• Agreements in restraint of marriage
• Agreements interfering with marital duties
• Agreements in restraint of trade
• Agreements to defraud creditors