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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For Section 23 questions, remember the classic examples of public policy: trading with an enemy, stifling prosecution, interference with justice, and restraint of marriage. These agreements are void regardless of the parties' intentions.
Updated On: Jul 13, 2026
  • Valid - goods are humanitarian and payment is via a neutral country.
  • Valid unless the Government expressly cancels.
  • Voidable only the Government of India can cancel.
  • Void - trading with an enemy in war is prohibited and is against public policy.
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The Correct Option is D

Approach Solution - 1

A useful lens here is the general contract-law idea that courts look at the substance of a transaction rather than the form in which the parties have dressed it up.

  1. Substance of the transaction: Strip away the neutral intermediary and the neutral bank, and what remains is an Indian citizen supplying goods to a citizen of a country India has declared an enemy during an active war. That substance is what the law examines, not the label of "humanitarian goods" or the identity of the payment channel.
  2. Why the "valid, humanitarian and neutral payment" option fails: This option focuses entirely on form, the type of goods and the payment route, while ignoring that the substance of the deal is still commerce with an enemy citizen, which public policy forbids regardless of the goods involved or how payment is routed.
  3. Why the "valid unless Government cancels" and "voidable, only Government can cancel" options fail: Both wrongly treat the transaction as presumptively valid and operative unless or until some external act happens. But once the substance of a transaction is identified as trading with an enemy, the law does not wait for a separate governmental step; the illegality of the object is already baked into the agreement itself.
  4. Why "void, against public policy" fits: Because the substance of the transaction is commerce with an enemy citizen during wartime, and Section 23 treats such an object as unlawful, the agreement is void immediately upon formation, not conditionally or only after further action by anyone.

Looking past the form of the transaction to its substance confirms that this is void because trading with an enemy in war is prohibited and against public policy.

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Approach Solution -2

Another way to reach the same conclusion is to recall the broader wartime principle that commercial relations with enemy nationals are automatically affected once war and enemy-designation occur, and to test the options against that principle.

  1. The wartime principle: Once a state of war exists and a country is officially declared an enemy, the general rule is that new contracts with citizens of that enemy country are not permitted to be entered into or enforced, because commerce of this kind could indirectly benefit the enemy's resources during the conflict.
  2. Applying it to "valid, humanitarian and neutral payment": This wartime principle does not carve out an exception merely because the goods being supplied are humanitarian in nature or because payment passes through a neutral country; the prohibition targets the fact of dealing with an enemy national itself.
  3. Applying it to "valid unless Government cancels" and "voidable, only Government can cancel": Both options assume that some future governmental act is what disables the contract, but the wartime principle operates automatically from the moment of the prohibited dealing; it does not require a separate cancellation order to render the agreement void.
  4. Applying it to "void, against public policy": This matches the wartime principle precisely, since the automatic effect of entering into a new contract with an enemy national during the declared war is that the agreement is void as against public policy from its inception.

Since the wartime principle against contracting with enemy nationals operates automatically and admits no exception for humanitarian goods or neutral payment channels, the contract between A and B is void because trading with an enemy in war is prohibited and against public policy.

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