CPC's Unwritten 'Public Policy' Rule

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During my internship with a Delhi-based high court, I was exposed to some lesser-known nuances of the Indian Contract Act, specifically Section 23 โ€“ 'Agreement against public policy'. My professor only mentioned the basic clause of an agreement being 'void if it is contrary to public policy', but never expanded on what constitutes 'public policy'. In real-life applications, I saw how judges consider the following unwritten criteria: a) impact on social order, b) alignment with constitutional provisions, c) compliance with existing laws, and d) reasonableness and fairness in the agreement. This subtle yet vital aspect of CPC is essential for AIBE aspirants to grasp and apply in their analysis of contract law.

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