Write a Detailed Note on I) Void Agreement Is) Sale and Agreement to Sell

As a professional, I understand the importance of writing clear and concise content, while also optimizing it for search engines. In this article, we will explore the concepts of void agreement and sale and agreement to sell, which are essential to understand for anyone involved in business transactions.

Void Agreement: Definition and Examples

A void agreement refers to an agreement that is not legally enforceable. It is a contract that is considered null and void from the very beginning and does not give rise to any legal rights or obligations. According to Indian Contract Act, 1872, a void agreement is defined as an agreement that is not enforceable by law because of its inherent defects.

Some examples of void agreements could include an agreement to commit a crime, an agreement with a minor, an agreement that lacks consideration, or an agreement that is entered into under coercion or fraud.

It is essential to note that a void agreement is not the same as a voidable agreement. A voidable agreement is one that is initially valid, but one party has the option to make it void if certain conditions are met. For example, an agreement with a minor is voidable at the option of the minor.

Sale and Agreement to Sell: Meaning and Features

Now, let`s move onto the concept of sale and agreement to sell. A sale is a transaction in which property or goods are transferred from the seller to the buyer for a price. On the other hand, an agreement to sell is a contract in which the seller agrees to transfer the ownership of goods to the buyer at a future date, subject to certain conditions.

Some of the essential features of sale and agreement to sell include:

1. Transfer of ownership – In a sale, the ownership of the goods is transferred from the seller to the buyer at the time of the transaction. In an agreement to sell, the transfer of ownership will occur at a future date.

2. Price – Both sale and agreement to sell involve the payment of a price by the buyer to the seller.

3. Delivery – In a sale, the goods are delivered to the buyer at the time of the transaction. In an agreement to sell, the delivery of goods will occur at a later date.

4. Risk – In a sale, the risk of loss or damage to the goods transfers to the buyer at the time of the transaction. In an agreement to sell, the risk remains with the seller until the time of delivery.

Conclusion

In conclusion, understanding the concepts of void agreement and sale and agreement to sell is crucial for anyone involved in business transactions. A void agreement is one that is not legally enforceable, while a sale and agreement to sell involve the transfer of property or goods from the seller to the buyer. By keeping these concepts in mind, you can ensure that your business transactions are legally sound and protected.