A agrees with C to print libellous matter against C, and B consideration pays Rs. 500 as advance and promises to pay Rs. 10,000 more after the matter is printed. B claims back the advance paid. Give the correct response.

Question: A agrees with C to print libellous matter against C, and B consideration pays Rs. 500 as advance and promises to pay Rs. 10,000 more after the matter is printed. B claims back the advance paid. Give the correct response. [HJS 1984]

Find the answer to the mains question of the Law of Contract only on Legal Bites. [A agrees with C to print libellous matter against C, and B consideration pays Rs. 500 as advance and promises to pay Rs. 10,000 more after the matter is printed. B claims back the advance paid. Give the correct response.]

Answer

Under the Indian Contract Act, 1872, the relevant provisions to consider in this scenario are Sections 23, 24, and 25. These sections deal with agreements that are either unlawful, void or against public policy. In this case, where A agrees with C to print libellous matter and B pays an advance for this purpose, the agreement is likely to be void and unenforceable due to its illegal and against-public-policy nature.

Section 23 states that "the consideration or object of an agreement is lawful, unless — (a) it is forbidden by law; or (b) is of such a nature that, if permitted, it would defeat the provisions of any law; or (c) is fraudulent, or (d) involves or implies injury to the person or property of another; or (e) the Court regards it as immoral, or opposed to public policy."

Section 24 mentions that "if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void."

Section 25 states that "an agreement without consideration is void, unless— (a) it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other; or (b) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or (c) it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits."

Considering the scenario in the present case, where A, B, and C are involved in an agreement to print libellous material, it can be argued that:

The agreement is unlawful and against public policy because it involves the printing of libellous matters, which goes against legal and ethical norms.

The consideration for the agreement (the advance payment) is connected to an unlawful and void object (printing libellous matter), rendering the agreement void as per Section 24.

Given these provisions and the nature of the agreement, B's claim to get back the advance payment may not be successful since the agreement itself is void due to its illegal and against public policy nature.