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DOCTRINE OF PUBLIC POLICY

case brief, case summary

According to this doctrine, any policy should not make which is opposed to the public. This means any policy which is made against the public interest is not valid in any contract. The doctrine of public policy is based on the maxim ‘ex ‘turpi causa notorious action’ which means an agreement that is made against the public policy is void without any effect on that contract. 

The agreement should not be valid if both parties made it with their consent. In simple words, public policy is a policy that is made by the government for the welfare of the public, and society and the agreement should not be enforced if it is made against the public policy.

CASES

GHERUAL PAREKH V. MAHADEVDAS MAIYA [v]https://indiankanoon.org/doc/930662/

the apex court observe that the “public policy ” is a vague and unsatisfactory term calculated to the lead and uncertainty error, when applied to the decision of the legal rights, it is capable of being understood in different senses it may and does in an ordinary sense.

CONCLUSION

Hence no agreement is valid if it is made against public policy, and, it doesn’t matter that the contract is made with the consent of both the parties, the contract is void.

https://thelegallock.com/r-vs-mnaghten1843-case-brief

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