Question:medium

During an India – Country X war, India declares X an enemy. A (an Indian citizen) enters into a contract to supply medicines to B (a citizen of X) via a neutral intermediary and a bank. Which of the following is most accurate under the Indian Contract Act, 1872?

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"War" + "Alien Enemy" = Void Contract. Public policy overrides individual humanitarian intentions in times of war!
Updated On: Jun 8, 2026
  • Void – trading with an enemy in war is prohibited and is against public policy.
  • Valid unless the Government expressly cancels.
  • Voidable – only the Government of India can cancel.
  • Valid – goods are humanitarian and payment is via a neutral country.
Show Solution

The Correct Option is A

Solution and Explanation

Step 1: Understand the situation.
India and Country X are at war, and India has declared X an enemy. An Indian citizen A makes a contract to supply medicines to B, a citizen of X, even though it goes through a neutral country and bank. We must decide the contract's status under the Indian Contract Act, 1872.

Step 2: Recall the rule on public policy.
Section 23 of the Act says any agreement whose object is opposed to public policy is void. So if trading with an enemy is against public policy, the contract cannot stand.

Step 3: Is trading with an enemy against public policy?
Yes. It is a well settled principle that during a declared war, contracts with citizens of the enemy nation are against public policy, because they may help or strengthen the enemy state.

Step 4: What is the effect on the contract?
Such a contract is not merely voidable. It is void from the very beginning (void ab initio). The law treats it as having no legal force.

Step 5: Does the humanitarian angle save it?
No. The fact that the goods are medicines, or that a neutral intermediary and bank are used, does not cure the basic illegality. Trading with the enemy is still forbidden. So options like valid for humanitarian goods are wrong.

Step 6: Eliminate the other options.
Option B (valid unless cancelled) and Option C (voidable, only Government can cancel) are wrong because the contract is automatically void, not waiting for cancellation. Option D (valid because humanitarian) is wrong as shown above.

Step 7: Final answer.
The contract is void as it offends public policy.
\[ \boxed{\text{Void - trading with an enemy in war is prohibited and is against public policy.}} \]
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