b. Commercial impossibility. If a party is unable to meet its share of its promise because of the unfavourable contract, it cannot evade its default commitments. Any agreement reached to restrict a person`s marriage, either in part or in absolute terms, is invalid because the policy of the law is to protect a person`s freedom to choose his or her spouse. The intention of the parties should be clearly expressed. This exception does not take into account the fact that the prescribed debts are paid by persons other than the debtor himself. Therefore, if a widow, in a personal capacity, pays her husband`s prescribed debts, this transaction is not taken into account under this exception. However, if the legal part of the contract is separated from the illegal part, the first can be applied in court. (d) the outbreak of war. The alien enemy does not have the ability to escape and an enemy country during the war, it must not be opposable in the field of trade with an enemy.
If a contract is made with a country and after a certain period of time the country is declared an enemy because of the war, the treaty may be suspended until the end of the war. After an in-depth analysis of the main sections on unborn agreements, it is easy to conclude that cancelled agreements and exceptions are made only to protect the rights and interests of the general public. Restrictions are becoming more important because agreements and contracts are the most widely used legal instruments and directly or indirectly affect most of our social relations. The Tribunal stated that the agreement was null and certain and stated that the restriction in the section did not always mean an absolute reservation, but that it limited in part a restriction limited to a single place. In the case of Kores Mfg Co Ltd against Kulok Mfg Ltd, the two employees of the candy company had agreed that one of them would not employ a person who had worked in the other person`s factory for the past 5 years to protect trade secrets and other confidential information. The court had quashed this agreement, since the ban applied to all workers, regardless of their abilities and positions.