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MCQs · Q8

Q.Which of the following best distinguishes an illegal agreement from an ordinary void agreement?
(A) An illegal agreement is forbidden by law and taints even its collateral transactions, while a void agreement need not be forbidden by law and its collateral transactions remain valid
(B) There is no real legal difference between the two terms
(C) A void agreement is always punishable, while an illegal agreement never is
(D) An illegal agreement becomes enforceable once it is registered

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Every illegal agreement is void, but not every void agreement is illegal. An illegal agreement is one whose object or consideration is forbidden by law; because the law actively disapproves of it, it also taints any COLLATERAL transaction connected to it (e.g. money lent specifically to fund the illegal act cannot be recovered). A merely void agreement (e.g. a wagering agreement) is simply unenforceable in itself, but a separate, collateral transaction connected to it remains perfectly valid.

Option-by-option analysis:

  • (A) Correct — this captures both the 'forbidden by law' distinction and its practical consequence for collateral transactions. …

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