Agreements Opposed To Public Policy Ppt

The purpose of the maintenance contract is to promote or stir up disputes, while the same, in the Champerty agreement, is to share the proceeds of the dispute. Since the monopoly is opposed to public policy, an agreement to create a monopoly is not concluded. For minor children, their father is the legal guardian and, in his absence, their mother will be the legal guardian. Under the law, a father has the right to custody of his minor child and therefore cannot enter into an agreement that is incompatible with his custody obligations. If such an agreement is concluded, it is non-compliant, as it is contrary to public policy. It is clear that the scope and interpretation of public policy are broad and that applicability is left to the discretion of the General Court itself on the basis of the agreement and subject-matter. If an agreement is found to be contrary to public policy, it will be cancelled in accordance with section 23 of the Indian Contracts Act 1872.

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