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void and voidable contracts and cause of void and voidable contract with examples.
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Void and voidable contract.
When dealing with contracts, the terms "void" and "voidable" are often confused.
A void contract is a contract that is not enforceable by the law. It has no lawful effect and does not confer any right
Even if one party breaches the contract, the other party cannot recover anything because essentially there is no valid contract. For example, a contract between drug dealers and buyers is a void contract simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract. Reasons of void Contract: first of all when
Contracts involving an illegal activity such as gambling, prostitution, or committing a crime. Contracts entered into by someone who is not legally competent (mental illness or minors). Contracts made without consideration. Contracts that are against public policy. Contracts that restrain certain activities such as; (right to choose who to marry, restraining legal proceedings, the right to work for a living, etc.).
Voidable contracts are valid agreements, but one or both of the parties to the contract can void the contract at any
time. As a result, it is not possible to enforce a voidable contract: contract can be voidable in some circumstances.
Contracts entered into when one party is a minor. (The law often treats minors as incapacity to enter a contract. As a result, a minor can walk away from a contract at any time.) Contracts where one party was forced or tricked into entering it. Contracts entered when one party was incapacitated (drunk, insane). Fraud or misrepresentation Terms are unconscionable Duress or undue influence Mutual mistake
If defects are found in the contract, a party can reject it. If the contract is not rejected, it remains a voidable contract.
As the void contracts and voidable contract can’t be enforceable. To secure the performance and enforceability of a contract, the contract should be a valid contract.