In simple terms, pubic policy refers to the policy of the government for the good of society, It can also be said that if an agreement against a developed interest of society or morals of the time, it can be said that against public order and the agreement will be considered invalid. It was held that an agreement could not be applied if it was contrary to the public interest [ii] or contrary to general legal policy. In the case of P. Rathinam v. Union of Idnia[iv], the Supreme Court has ruled that the concept of public order is open to change and enlargementThe courts should be very careful in 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. In most cases, the courts will assist someone who has been wronged by a breach of contract if they can prove that an offence has actually occurred. An exception to this rule is when the contract is contrary to public policy.
If the court finds that a contract has violated a law or directive, it will not assist the contracting parties. When a treaty promotes an immoral act, such as the commission of a crime. B, it is considered to be contrary to public order and not respected. Example 2: An agreement with B because of their divorce and marriage to A. Hero was abortive. If, in an agreement, the counterparty commits a crime, the agreement is contrary to public order and is non-aeig. Similarly, an agreement to compensate a person for the consequences of his or her criminal act is not applicable if it is contrary to public policy. In principle, it is presumed that a contract or act is contrary to public order if it results in a violation of the law, harms citizens or harms the state. In general, public policy means that courts sometimes invalidate a contract because it is contrary to the common good.
In England, both agreements are illegal and unenforceable. However, in India, only agreements that appear to be entered into for gambling purposes in disputes and for breaches or to repress others, by encouraging lay litigation, are not enforced, but not all support and championship agreements are enforced. Unlike public policy, agreements that restrict the individual freedom of the parties are non-agreeable. The policy of the law is another name for public order. Public order can be difficult for many people to understand because it has no legal definition. What is considered public policy can change depending on people`s time and needs.