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Define Void and Voidable Contract

As a professional, I have written an article on “Define Void and Voidable Contract” that will provide readers with a clear understanding of these two legal terms.

A contract is a legally binding agreement between two parties that outlines the terms and conditions of their agreement. However, not all contracts are created equal. Some contracts may be void or voidable, meaning that they can be nullified or declared legally unenforceable under certain circumstances.

A void contract is a contract that has no legal effect from the beginning. This means that the contract is null and void, and it cannot be enforced by either party. A contract may be void for several reasons, including if it is illegal, if it violates public policy, or if it is impossible to perform.

For example, if two parties enter into a contract for the sale of illegal drugs, that contract would be considered void. Similarly, if a contract requires someone to perform an impossible task, such as to fly without a plane, that contract would also be void.

On the other hand, a voidable contract is a contract that is initially valid but can be voided or canceled by one or both parties. This means that the contract remains in effect until one of the parties exercises their right to void the agreement. A contract may be voidable for several reasons, including if one party is unable to give their consent, if one party was misled, or if the contract was entered into under duress.

For example, if a person under the age of 18 enters into a contract, that contract would be voidable at their option. Similarly, if one party made a material misrepresentation during the negotiation of the contract, the other party may have the right to void the agreement.

In conclusion, understanding the difference between void and voidable contracts is important for anyone who is entering into a legal agreement. A void contract is one that has no legal effect from the beginning, while a voidable contract is initially valid but can be voided or canceled by one or both parties. By knowing the difference between these two types of contracts, individuals can protect themselves from potentially costly and time-consuming legal disputes in the future.

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