The courts should be very careful when deciding on a matter of public policy. The teaching must be applied with the necessary variation. Each case must be decided on its own facts. Some of the agreements that oppose public order are briefly illustrated below. Example: Shaikh Kalu (vs) Ram Saran Bhagat (1909):Facts: Out of 30 chamberlains in the city of Patna, 29 have agreed to provide “R” to supply it, and have also agreed not to deliver their entire production to anyone. Under the agreement, “R” was free to refuse the goods if they could not find a deal. Stop: the agreement has been limited to trade and is therefore in und arreer.11 Marital mediation: as a public policy, marriage must take place with the free choice of parties and cannot be disrupted by third parties acting as brokers. The agreement on the intermediation of marriages is not concluded. Nor can consent to the dowry be obtained.12. Agreement on creditor fraud (or tax authorities): an agreement to defraud creditors (or) tax authorities is not applicable, as it is contrary to public policy.13 Convention that encroaches on marital duties: any agreement that impinges on the performance of marital obligations is non-agreeable and contrary to public order. None of the parties can impose an agreement that opposes “public policies.” Public policy is the “politics of law.” Whether an agreement is contrary to public policy or not must be decided solely on the basis of general principles and not on the terms of a particular contract. Example: A, a father of one daughter promised to give a certain amount of money to B, a father of a minor boy and B agreed to marry his minor son with the daughter of A. Here, the agreement is non-conclusive, since it is contrary to public order.
Agreements on the use of the influence of corruption in obtaining government jobs, titles or honours are illegal and therefore unenforceable. Indeed, if such agreements are valid, corruption will increase and lead to the inefficiency of public services. Two types of agreements are dealt with under this head. They are – when a person enters into an agreement that requires him to do something that goes against his public duty, the agreement is non-enforceable because of public order. Because z.B is an agent`s agreement to obtain secret profits, because it is contrary to public order.