You know you’ve been studying a tad too much when a conversation between friends about boyfriends turns into a discussion on void contracts and fundamental rights….
This conversation happened between Rave, a dear friend from law fac (obviously) and me just today… couldn’t help sharing it..
R: so… how is your bf??
Me: bf? I don’t have one dude..
R: ohho… that ex of yours.. I know you were talking to him..
M: so what.. I can talk to him if I want.. just coz we’re not dating doesn’t mean we’re not friends..
R: tell you what.. I’m making you an offer right now.. I’ll give you 20 bucks for each day if you don’t talk to him for a month..
M: hey… I don’t accept the offer dude.. in any case.. its not an agreement.... that’s void ab initio..
R: why would it be?? It’s a valid offer.. it even has consideration.. 20 bucks a day..
M: no.. its an agreement in restriction of my fundamental rights.. you cannot sign away fundamental rights bro… not only is the agreement void ab initio.. you can get thrown behind bars for violating my fundamental rights of speech and association.
R: no I wont be.. it is for your welfare.. thats allowed.. it is possible to put a reasonable restriction on fundamental rights.. even th judge will uphold that one..
M: yeah sure.. if you’re the legislature you can make such a law.. IF you can justify the restriction.. yahan there’s no justification..
R: sure there is… customary law… remember.. you DON’T talk to ex boyfriends.. thats customary law..
M: customary law is invalid if it is violative of fundamental rights or of any legislation in force or is unreasonable… KAL ILS ka paper diya hai remember…
R: you’re crazy u know that
M: yeah I know.. but I also know this stuff better than you do,… so don’t argue law with me…
5 comments:
Hmmm... however if u had just accepted the offer, it would've been a valid contract. Seems more like you were finding reasons not to accept..! And i have to agree with him, for your welfare, u should've accepted!
ummm... i think even with a valid acceptance such a contract is legally unenforceable and hence void... section 23 of the act... when object of contract is illegal or injures the rights of any person..
n THAT was teh point of the discussion
i would bet on the fact that even if u were given 100 bucks per day you would not accept the offer..now will this be a valid contract..? will u accept it now ;)
It becomes an infringement of your right only when u choose to make "talking to him" a fundamental right..! And that brings us right back to the starting point. You'll have to look at it from the other side Aneesha!
OMG.... would you guys get off it already???? its not bout takling to HIM... its about freedom of speech and association... n would you PLEASE look at the legalities of it instead of reading it ilke i wanna talk to him... fyi.. i havent for quite a while..
so would you two quit the nagging???
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