Void Contract vs. Voidable Contract — What's the Difference?
Edited by Tayyaba Rehman — By Fiza Rafique — Published on December 12, 2023
A Void Contract is null from the outset, having no legal effect, while a Voidable Contract is valid until one party chooses to void it.
Difference Between Void Contract and Voidable Contract
Table of Contents
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Key Differences
A Void Contract is one that lacks legality from its inception, meaning it was never a contract to begin with. Conversely, a Voidable Contract starts as a valid agreement but can be invalidated by one party if certain conditions or breaches occur.
In the realm of contracts, the distinction between Void Contract and Voidable Contract is essential. A Void Contract cannot be enforced by law, given its inherent lack of legality. On the other hand, a Voidable Contract remains enforceable unless a party chooses to reject or void it.
When a Void Contract is signed, it's as if it never existed; no obligations or rights emanate from it. In contrast, a Voidable Contract preserves the rights and obligations for parties until it's declared void by an aggrieved party.
Consider entering an agreement with illegal terms; this would be a Void Contract, having no enforceability. But if you have a contract where consent was obtained fraudulently, it becomes a Voidable Contract, where the misled party can choose to enforce or void it.
In essence, while a Void Contract is dead on arrival, presenting no legal opportunity for revival, a Voidable Contract walks a fine line, being legitimate until one party decides otherwise.
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Comparison Chart
Validity from Inception
Never valid
Initially valid
Enforceability
Cannot be enforced by law
Can be enforced unless voided
Choice
No choice; always null
Can be voided by aggrieved party
Rights and Obligations
No rights or obligations arise
Preserves rights and obligations until voided
Causes
Illegal terms, lack of essential elements
Misrepresentation, undue influence, or lack of capacity
Compare with Definitions
Void Contract
An agreement without legal validity.
The contract involving illegal drug sales was a Void Contract.
Voidable Contract
Legally enforceable unless voided.
The contract, though signed under duress, was a Voidable Contract.
Void Contract
A non-enforceable agreement.
Since the contract's subject was illegal, it was a Void Contract.
Voidable Contract
A valid contract that can be invalidated.
Since he was misled, John had a Voidable Contract and could annul it.
Void Contract
Lacks essential contract elements.
The agreement missing mutual consent was a Void Contract.
Voidable Contract
Begins valid but can be nullified.
Since she was a minor when signing, her agreement was a Voidable Contract.
Void Contract
An inherently null agreement.
Contracts made with non-existent entities are considered Void Contracts.
Voidable Contract
One party can rescind or uphold.
The misrepresented details made the lease a Voidable Contract for the lessee.
Void Contract
Never a contract to begin with.
The contract for an impossible task was deemed a Void Contract.
Voidable Contract
Contains flaws allowing rejection.
Due to undue influence, the agreement became a Voidable Contract.
Common Curiosities
What are common reasons for a Void Contract?
Illegality, impossibility, or lack of essential contract elements.
Can a Voidable Contract be ratified?
Yes, the aggrieved party can choose to continue with the contract, thereby ratifying it.
What makes a Voidable Contract void?
An aggrieved party choosing to nullify it due to factors like misrepresentation or undue influence.
Is a Void Contract valid at any point?
No, a Void Contract is invalid from its inception.
Can a Void Contract be enforced legally?
No, a Void Contract is unenforceable by law.
Can a contract become Void Contract after being valid?
No, a Void Contract is never valid. But a valid contract can become voidable or void under certain conditions.
Are both parties in a Voidable Contract entitled to void it?
Generally, only the aggrieved party can void a Voidable Contract.
Who often decides the status of a Voidable Contract?
Typically, the party that was wronged or disadvantaged.
Can mutual consent make a Void Contract valid?
No, mutual consent can't validate a contract that's inherently void.
Does a Voidable Contract grant rights to both parties?
Initially, yes. But if voided, the contract ceases to grant rights.
Can a Void Contract be remedied or corrected?
No, since it was never valid, it cannot be remedied.
If a contract is voided, does it become a Void Contract?
No, it becomes void but not a Void Contract. The distinction lies in their initial status.
Do both Void Contract and Voidable Contract involve some form of flaw?
Yes, but while the flaw makes a Void Contract always null, it gives an option to void in a Voidable Contract.
Can a Voidable Contract be fully executed without being voided?
Yes, if the aggrieved party chooses not to void it.
Can a party sue for breach in a Void Contract?
No, since the contract is inherently invalid, there's no ground for a breach claim.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
