Cases On Agreement Opposed To Public Policy

For example, if you pay a certain amount to a public servant to retire to take his or her job, that agreement would not be valid. It is also illegal to enter into an agreement to terminate the prosecution in exchange for a certain amount of money. Once a complaint has been filed, no agreement can be reached to withdraw the complaint for review. The courts should be very careful when deciding on a matter of public policy. The teaching must be applied with the necessary variation. Each case must be decided on its own facts. Some of the agreements that oppose public order are briefly illustrated below. For example, a loan from B, a lender, obtained and agreed with B that without B`s written agreement, he would not quit his job, borrow money, cede his property or change residence. It was found that the agreement was inconclusive. None of the parties can impose an agreement that opposes “public policies.” Public policy is the “politics of law.” Whether an agreement is contrary to public policy or not must be decided solely on the basis of general principles and not on the terms of a particular contract.

Agreements on the use of the influence of corruption in obtaining government jobs, titles or honours are illegal and therefore unenforceable. Indeed, if such agreements are valid, corruption will increase and lead to the inefficiency of public services. The policy of the law is another name for public order. Public order can be difficult for many people to understand because it has no legal definition. What is considered public policy can change depending on people`s time and needs. Many courts have a conservative view of public order because they believe that public order is determined by judicial decisions and laws, not by people`s opinions. If someone trades with enemies of the state, it will always be considered contrary to public order. Contracts that involve the trade of enemies are illegal and are not enforced by the court. Example: Shaikh Kalu (vs) Ram Saran Bhagat (1909):Facts: Out of 30 chamberlains in the city of Patna, 29 have agreed to provide “R” to supply it, and have also agreed not to deliver their entire production to anyone. Under the agreement, “R” was free to refuse the goods if they could not find a deal. Stop: the agreement has been limited to trade and is therefore in und arreer.11 Marital mediation: as a public policy, marriage must take place with the free choice of parties and cannot be disrupted by third parties acting as brokers. The agreement on the intermediation of marriages is not concluded.

Nor can consent to the dowry be obtained.12. Agreement on creditor fraud (or tax authorities): an agreement to defraud creditors (or) tax authorities is not applicable, as it is contrary to public policy.13 Convention that encroaches on marital duties: any agreement that impinges on the performance of marital obligations is non-agreeable and contrary to public order. Another example of an agreement contrary to public policy would be an agreement to obtain a government job or a title with corrupt funds.