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Which of the following statement is incorrect?

  • A.An agreement made without consideration is void irrespective of the circumstances.
  • B.Every agreement in restraint of marriage of any person, other than minor, is void.
  • C.Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
  • D.Agreements, the meaning of which is not certain or capable of being made certain, are void.

Answer: A

The incorrect statement is An agreement made without consideration is void irrespective of the circumstances.

Section 25 of the Indian Contract Act, 1872 makes an agreement without consideration void unless it falls within its exceptions: a written and registered promise made out of natural love and affection between near relatives, a promise to compensate for something voluntarily done for the promisor, and a written promise to pay a time-barred debt.

The other statements are correct: agreements in restraint of the marriage of a person other than a minor are void (Section 26), agreements in restraint of a lawful profession, trade or business are void to that extent (Section 27), and agreements whose meaning is uncertain are void (Section 29).

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