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Under section 23 of the Indian Contract Act, 1872, which of these makes the object of an agreement unlawful?

Question and options

Under section 23 of the Indian Contract Act, 1872, which of these makes the object of an agreement unlawful?

  1. The consent is obtained by undue influence

  2. The promise is made without consideration

  3. It would defeat the provisions of any law

  4. The promisor is a person of unsound mind

Answer and explanation

Correct answer: C - It would defeat the provisions of any law

Section 23 of the Indian Contract Act, 1872 makes the object or consideration of an agreement unlawful if it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to the person or property of another, or is regarded by the court as immoral or opposed to public policy. Unsoundness of mind goes to capacity under sections 11 and 12, absence of consideration makes an agreement void under section 25, and undue influence makes a contract voidable under section 19; none of these makes the object unlawful.

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