In addition, for an agreement that can be considered a valid contract, it should include the free consent of the parties, as well as the assurance that the «object» of such a contract is legal. Without respect for these particular conditions, a contract cannot be considered valid in the eyes of the law. Under india`s Treaty Act, an important determinant of an illegal agreement is the «object» of the counterparty. This can be framed as an illustration for a more precise understanding – section 23 of the Indian Treaty focuses primarily on the purpose, that is, the purpose of the contract. It finds that the contract itself is illegal and void when such an object is illegal and contrary to public policy and is not legally enforceable. Such types of contracts do not create valid obligations of the parties to their performance and bind them with criminal responsibility in the event of illegality of the act instead of consideration. Although a breach of contract may be characterized as illegal, it is not illegal in the legal sense. This particular provision of the Indian Contracts Act deals with the intent of the parties. If, in this case, the Tribunal finds that the parties intend to commit a law or mutual benefit, the contract becomes unlawful without enforceable force. This particular purpose of the contract considers it invalid and as a result of a criminal offence.
It may be that, despite the illegality, something can be recovered from the situation. The illegality of a contract depends on (1) the right of the contracting country and (2) on the right of the place of execution. The rules vary according to the law of each country. Therefore, the performance of an employment contract and the commission of an illegal or immoral act do not destroy only an employment contract, except in some cases: in some cases, a party may recover the value of goods or services concluded under the quantity, even if the contract was deemed illegal. If, in itself, the services provided were not illegal and one party does not respect its part of the contract, the other party under quantenmeruit may recover for the value it received. If the offence is based on non-payment of services, an applicant should avail himself of Quantum Meruit in order to preserve the right to re-acquisition.