Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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42.

Which of the following agreement(s) is/are void?

1. Agreement without consideration.
2. Agreement is restraint of legal proceedings
3. Agreement effected by fraud
A: 3 only
B: 2 only
C: 1, 2 and 3
D: 1 and 2.

The answer is: D

Explanation

The correct option is D: 1 and 2. Here is an explanation:

- An agreement without consideration is void, unless it is made out of natural love and affection, or the person has already done something voluntarily for the promisor, or it is a promise to compensate for something done, or it is a promise to pay a debt barred by limitation law .

- An agreement in restraint of legal proceedings is void, unless it is a contract to refer to arbitration, or it is a contract to limit the time within which a suit may be brought, or it is a contract to extinguish the rights or discharge the liability of any party on the expiry of a specified period .

- An agreement effected by fraud is not void, but voidable at the option of the party whose consent was obtained by fraud. Fraud means any act or omission that causes or is likely to cause deception or injury to the other party .

Therefore, only agreements without consideration and agreements in restraint of legal proceedings are void, while agreements effected by fraud are voidable. Hence, option D is the correct answer.