Commercial Law (B.Com) 1st Sem Previous Year Solved Question Paper 2022

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1.

What are the agreements opposed to public policy ?

Explanation

Agreements opposed to public policy are contracts or arrangements that violate fundamental principles of law or public interest. These agreements are generally considered unenforceable by the courts because they go against the greater good of society. Some common examples of agreements opposed to public policy include:

1. Contracts for illegal activities: Agreements to engage in illegal activities, such as drug trafficking or prostitution, are opposed to public policy and unenforceable.


2. Contracts that promote harm: Agreements that encourage harm to individuals or society, like contracts for hitmen or contracts that waive liability for gross negligence, are generally void.


3. Contracts restricting legal rights: Contracts that attempt to limit or restrict legal rights, such as agreements to waive basic consumer protections, may be deemed unenforceable if they go against public policy.


4. Contracts that undermine the justice system: Agreements that obstruct the administration of justice, like bribes to influence court outcomes, are against public policy.


5. Unconscionable contracts: Contracts that are so one-sided and unfair that they shock the conscience and take advantage of one party can be considered unenforceable.


6. Contracts that evade regulatory requirements: Agreements designed to circumvent legal regulations or licensing requirements can be invalidated if they undermine the intended regulatory framework.

Conclusion: Agreements opposed to public policy are contracts or provisions within contracts that violate fundamental legal and societal principles, thereby contravening the greater public interest.