20 Dec What Is The Meaning Of Unlawful Agreement
As in the first place, contracts between unmarried persons for cohabitation were deemed unenforceable and illegal for the promotion of immorality. To Fender v. John-Mildmay it was found that an immoral promise between a single man and an unmarried woman to live together without marriage could not be imposed by law. Such an agreement was deemed illegal because of immorality. But over time, the law has changed, and now unmarried men and women have permission to live together and maintain a domestic relationship without marrying. But “extramarital” cohabitation is still considered immoral and therefore unenforceable. The knowledge of the prostitution profession of the other party and the purpose for which the products for which it is to be used are therefore two important factors in entering into a contract with an illegal prostitute for immorality. At the same time, a contract to rent accommodation to a prostitute for her stay and not for her professional exercise was considered a legal contract, so that the owner of the dwellings had the right to recover the rent of the dwellings rented to him. This took place in the case of Appleton v Campbell. Thus, this legality of a contract is governed by section 23 of the Indian Contract Act, 1872, which clearly defines the conditions on which the purpose and consideration of an agreement is considered lawful.
These conditions include: 1. Not being prohibited by law Another case dealing with the issue of the issuance of a gift that is enforceable or not was Istak Kamu Musalman and Ghelabhai Nanji Shet Gujarathi Vs. Ranchod Zipru Bhate . In this case, four acts of donation for past cohabitation were executed for the benefit of the mistress of the person who performs the acts of donation. In court, the question was whether all acts should be declared non-avenues for the past and the future consideration of cohabitation. It was found that although the act is a gift, but if it is provided in return for sexual services by the lover in the past and also taken in accordance with the previous agreement between the parties to unload the agreement by an act of donation, then such a donation must be declared unst consented and illegal, as it is made in return for past cohabitation. But the case of Dwarampudi Nagaratnamba v Kunuku Ramatta brought a new aspect to this case. In this case, a gift was executed by the Cartea of the house for the benefit of his concubine and this gift was common characteristics of the family.