Edition. In paragraph 17, the learned Author has discussed , "Unenforceable contracts" and has observed that ... unenforceable contracts are valid in all respects except that one or both parties cannot be sued on the contract. Instances of unenforceable contracts in English
Indian Contract Act, 1872 (hereinafter referred
to as, ‘the Contract Act ’, for short) and found that
an unstamped agreement to be unenforceable.
6. In Garware ... suggestion that, an unstamped document did not
become a contract, and that it was, therefore,
unenforceable in law was incorrect. He also would find
fault
) C.R.Shivakumar vs ) H.C.Rajendra on 11 October, 2018
IN THE COURT OF
Kannammal vs Ranganayaki on 24 June, 2025
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar
gist
of the mortgage deed indicates that it is illegal and unenforcible contract,
which cannot be enforced against minor. Also, as on date of such ... Contract, states that any contract
between the two individuals is only valid if the person involving in the
contract is competent to involve in such
contracts not duly executed. Sections 65
and 70 of the Indian Contract Act provide for certain
reliefs in void contracts and in unenforceable contracts
where ... charged with liability.
In refuting the contention that the contract is
unenforceable on the ground that there had been no strict
compliance of the requirement
prohibits a contract; if a
contract is made to do a prohibited act, that contract will
be unenforceable. In the latter class ... parties, if the parties enter into a prohibited
contract, that contract is unenforceable. (See St. John
Shipping Corporation v. Joseph Rank("). See also
Halsbury
contract which is void and that which is illegal and it has
been held that though a wagering contract is void and
unenforceable between parties ... alleged to have been won on a wager and
therefore the contract was unenforceable. In coming to that
conclusion, Viscount Simon, one of the Judges
brought by the
guilty party on the contract; but sometimes,
although parts of a contract are unenforceable
for such reasons, other parts, were they ... have held that partial
invalidity in contract will not ipso facto make the whole
contract void or unenforceable. Wherever a contract
contains legal as well
than by actual delivery etc.; but the contract has
to be an enforceable contract and not an unenforceable one
by reason of any taint ... than by actual delivery etc.
Now the contract has to be an enforceable contract and not
an unenforceable one by reason of any taint
