This document compares void and voidable contracts across 10 key points, highlighting their definitions, validity, legal status, consent issues, and the rights of parties involved. A void contract is unenforceable from the start, while a voidable contract is initially valid but can be canceled by one party. The document also provides examples and discusses the implications for the parties involved.
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Void_vs_Voidable_Contracts
This document compares void and voidable contracts across 10 key points, highlighting their definitions, validity, legal status, consent issues, and the rights of parties involved. A void contract is unenforceable from the start, while a voidable contract is initially valid but can be canceled by one party. The document also provides examples and discusses the implications for the parties involved.
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Difference Between Void and Voidable
Contracts Here is a detailed comparison between void and voidable contracts in 10 key points:
Point Void Contract Voidable Contract
1. Definition A contract that is not A contract that is enforceable by law and has enforceable by law at the no legal effect. option of one or more parties. 2. Validity It is invalid from the It is initially valid, but may beginning or becomes become void if the invalid due to certain aggrieved party chooses to reasons. cancel it. 3. Legal status No legal obligations arise Legal obligations exist until from a void contract. the contract is voided by the aggrieved party. 4. Consent Usually involves lack of Involves improper consent legal capacity or illegal (coercion, fraud, undue object, making it void influence, etc.). automatically. 5. Right to sue No party can sue for non- The aggrieved party can sue performance. for damages or enforce the contract. 6. Parties’ intention May have been entered into Intention is present, but with or without intention to consent is defective. create legal obligations. 7. Ratification Cannot be ratified or made Can be ratified by the valid. aggrieved party, making it fully valid. 8. Example An agreement to do A contract signed under something illegal, like coercion or fraud. selling banned drugs. 9. Nature of defect The defect is in the The defect lies in the formation or legality of the consent or capacity of the contract. parties. 10. Effect on parties Parties are not bound by the One party is bound, and the terms at all. other can choose to enforce or void the contract.