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Two people agree to share the emoluments of a public office in exchange for procuring the appointment.…

An agreement to traffic in the emoluments of a public office is void as opposed to public policy under section 23 of the Indian Contract Act, 1872. Illustration (f) gives…

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Two people agree to share the emoluments of a public office in exchange for procuring the appointment. Under the Indian Contract Act, 1872, how is the agreement classified?

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Correct answer C

An agreement to traffic in the emoluments of a public office is void as opposed to public policy under section 23 of the Indian Contract Act, 1872. Illustration (f) gives the related example of a promise to pay someone to procure public employment.

Option feedback

Option A

An agreement to traffic in or share the benefits of a public office is unlawful as opposed to public policy under Section 23 of the Indian Contract Act, 1872, and therefore cannot be valid.

Option B

An unlawful object or consideration makes the agreement void under section 23 of the Indian Contract Act, 1872.

Option C

The bargain is void because its object is opposed to public policy under section 23 of the Indian Contract Act, 1872. Illustration (f) makes the same point with a promise to pay for obtaining public employment.

Option D

Registration or writing cannot cure illegality of object or consideration under Section 23 of the Indian Contract Act, 1872; the agreement remains void.

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