Expressly Declared Void Agreements

Expressly declared void agreements are contracts that are unenforceable from the outset because they are against public policy or violate the law. These agreements are declared void because they are deemed to be harmful to society, individuals, or both. In this article, we’ll explore what expressly declared void agreements are, their types, and some examples.

What are Expressly Declared Void Agreements?

Expressly declared void agreements are contracts that go against public policy, laws, or morals. They are considered to be harmful and are, therefore, unenforceable from the outset. Such agreements are declared void by the courts because they violate the principles of justice, equity, and good conscience.

Types of Expressly Declared Void Agreements

1. Agreements Against Public Policy

Agreements that are against public policy are considered to be harmful to society and, therefore, are unenforceable. This includes agreements that:

– Encourage illegal activities

– Go against public morals

– Violate public safety and health

– Restrict trade and competition

2. Agreements in Restraint of Trade

Agreements that restrict trade and competition are considered to be against public policy. This includes agreements that:

– Restrict an individual from starting a similar business in the same geographical area

– Restrict an individual from joining a competitor’s business

– Restrict an individual from carrying out their profession or trade

3. Agreements against Statutory Provisions

Agreements that violate laws and statutory provisions are considered to be void. This includes agreements that:

– Violate labor laws

– Go against environmental regulations

– Violate consumer protection laws

Examples of Expressly Declared Void Agreements

1. Agreements to Commit a Crime

Agreements to commit a crime are against public policy and, therefore, are unenforceable. For example, an agreement between two individuals to rob a bank is unenforceable.

2. Non-Compete Agreements

Agreements that restrict an individual from starting a similar business or joining a competitor’s business are unenforceable. For example, an agreement between an employee and an employer that restricts the employee from starting their own business in the same geographical area is unenforceable.

3. Agreements to Sell Illegal Items

Agreements to sell illegal items such as drugs, counterfeit products, or stolen property are unenforceable. For example, an agreement between two individuals to sell counterfeit products is unenforceable.

Conclusion

Expressly declared void agreements are unenforceable from the outset because they violate public policy, laws, or morals. Such agreements are deemed to be harmful to society and, therefore, are declared void by the courts. As a business owner or an individual, it is essential to understand what constitutes an expressly declared void agreement to avoid entering into such contracts.

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