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A hires B to beat C unlawfully and promises to indemnify B against the consequences. B carries out the…

Section 224 bars indemnity for the consequences of a criminal act the agent was hired to perform. Its beating illustration denies recovery of damages the agent must pay the…

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A hires B to beat C unlawfully and promises to indemnify B against the consequences. B carries out the beating and C sues B for damages. Can B enforce A’s promise under the Indian Contract Act, 1872?

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Answer and explanation

Correct answer C

Section 224 bars indemnity for the consequences of a criminal act the agent was hired to perform. Its beating illustration denies recovery of damages the agent must pay the victim. Section 23 likewise makes agreements with an unlawful object void.

Option feedback

Option A

An express promise cannot make this unlawful indemnity enforceable.

Option B

Following an employer’s instruction does not validate an agreement to indemnify the agent for a criminal act.

Option C

Section 224 illustration (a) directly denies indemnity for damages caused by the beating. Section 23 supplies the general rule on unlawful agreements.

Option D

The defect is the unlawful object. Lawful indemnity may cover a loss outside a breach of contract.

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