If transactions resulting from an illegal act are designed in such a way that, if separated from the illegal party, they would constitute a valid agreement, those transactions remain valid and can be implemented regardless of the illegality of the agreement.  A contract of action that becomes impossible after the conclusion of the contract or because of an event that the promise could not prevent becomes invalid if the act becomes impossible or illegal. But the scenario changes when the deceased takes the loan from the bank. In those circumstances, that loan is not regarded as a promise to pay the creditor`s prescribed debt and, therefore, that exception does not apply. It is of the utmost importance that the promise is signed in writing and by the person who is to be mandated, otherwise it will not be a good consideration Indian law is very strict on this point. A review of certain elements of a contract can help determine what may lead to the invalidation of a contract. Agreements not concluded are such agreements that are not enforced by the courts. Section 2(g) of the Indian Contract Act defines an inconclusive agreement as “an agreement that is not enforceable by law”. Therefore, the parties will not be entitled to appeal in the event of non-agreement. A cancelled contract cannot be enforced by law.
Contracts not concluded are different from countervailable contracts, which are contracts that may be cancelled. However, when a contract is written and signed, there is not, in all situations, an automatic mechanism that can be used to determine the validity or applicability of that contract. In practice, a contract can be cancelled by a court.