The overall objective of the assessment is to prevent those who act unlawfully from profiting from their own faults and from the civil law remaining in accordance with criminal law. Example 2: A agrees to leave his daughter as concubine to B. The agreement is subject to nullity because it is immoral, although the rental cannot be punishable under the Indian Penal Code (45 of 1860). It is this quality that what you and I think of bad behaviour comes down to the level of serious immorality and subsequent illegality within the meaning of contract law. The restoration of the position in which they were before the illegal agreement was consistent with legal considerations which, in this case, satisfied the doctrine of illegality. On the other hand, civil courts assert private rights. Civil court proceedings give rise to financial compensation and other remedies for the recognition of these rights: the private interests of members of society are recognized. It is necessary for the company to function. All illegal behavior is serious.

Some crimes are more serious than others. Those who cheat – deliberate deception – are at the top of the list. If a right or brief in defence is to be denied, it should be an appropriate response to the illegal activity, factors such as example 1: A, a lessor, renting his house to B, a commercial sex worker, knowing that it would be used for immoral trade. The landlord can`t get the rent back. Here, the object is immoral, the rent payment agreement is invalid. However, for an agreement to be declared illegal and non-aeig, because of fraudulent use or consideration, fraud must be unequivocally proven and cannot be based on mere suspicion and presumption. An illegal contract prevents contract claims when a party attempts to enforce an agreement that prohibits the law. Illegality is first and foremost used to defend rights. The parties will be put into a position if they have never entered into the illegal agreement. From a legal point of view, this is the position they should have been in because of the illegality.

If the parties do so in spite of everything, the contract is generally null and for the most part. The reason is that Parliament intended to prohibit the nature of the agreement, and that intention takes legal effect by the courts. Although the purpose or idea of an agreement, sometimes not directly prohibited by law, they are always prohibited when it comes to the nature of destroying the purpose of the provision of the law.