Void Contract vs. Voidable Contract: Know the Difference
By Shumaila Saeed || Published on February 5, 2024
A void contract has no legal effect from its creation, making it unenforceable, while a voidable contract is initially valid but can be nullified by one party.
Key Differences
A voidable contract, however, is a valid contract that one or both parties can choose to invalidate for certain reasons.
Shumaila Saeed
Feb 05, 2024
Reasons for a contract being void include illegality, impossibility of performance, or lack of capacity by one of the parties. Voidable Contract: A voidable contract arises from circumstances like misrepresentation, undue influence, or duress affecting one of the parties.
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Feb 05, 2024
In a void contract, no party can seek legal remedy as the contract is considered nonexistent. Voidable Contract: In a voidable contract, the aggrieved party has the right to either enforce the contract or render it void.
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Feb 05, 2024
Void contracts are invalid from the outset and cannot be rectified. Voidable Contract: Voidable contracts remain valid until the affected party decides to void it.
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Feb 05, 2024
Examples include agreements with an illegal purpose or contracts lacking mutual consent. Voidable Contract: Examples include contracts where one party is a minor or contracts signed under coercion.
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Feb 05, 2024
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Comparison Chart
Legal Validity
Not legally valid from the beginning
Initially valid, can be invalidated
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Enforceability
Cannot be enforced by any party
Can be enforced unless annulled
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Grounds for Status
Illegality, impossibility, lack of capacity
Misrepresentation, duress, undue influence
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Right to Remedies
No legal remedies available
Remedies available to aggrieved party
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Rectification
Cannot be rectified or made valid
Can be rectified or remain valid
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Void Contract and Voidable Contract Definitions
Void Contract
Void contracts result from illegality or impossibility.
The contract became void when the subject matter was destroyed.
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Voidable Contract
Voidable contracts arise from coercion or fraud.
The deceptive sales tactics made the contract voidable.
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Void Contract
A void contract is considered nonexistent.
The fraudulent contract was deemed void by the court.
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Voidable Contract
A voidable contract is valid until annulled.
The contract signed under duress was voidable.
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Jan 06, 2024
Void Contract
In a void contract, neither party has any legal obligation.
The contract with a minor was void and held no obligations.
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Voidable Contract
A voidable contract can be enforced or rescinded.
She chose to enforce the voidable contract despite the misrepresentation.
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Void Contract
A void contract cannot be enforced by law.
Since the contract had no mutual consent, it was void.
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Voidable Contract
In a voidable contract, affected parties have legal recourse.
Due to undue influence, the elderly man had a voidable contract.
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Jan 06, 2024
Void Contract
A void contract lacks legal validity.
The contract for illegal goods was void.
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Jan 06, 2024
Voidable Contract
A voidable contract requires the aggrieved party's action to void.
She had the option to void the voidable contract due to her minor status.
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Jan 06, 2024
Repeatedly Asked Queries
What can make a contract voidable?
Factors like misrepresentation, coercion, undue influence, or incapacity can make a contract voidable.
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Feb 05, 2024
Who can void a voidable contract?
Usually, the party who has been misled or coerced can void a voidable contract.
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Feb 05, 2024
Can a voidable contract be enforced?
Yes, a voidable contract can be enforced until the aggrieved party chooses to void it.
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Feb 05, 2024
Are void contracts legally binding?
No, void contracts are not legally binding and have no legal effect.
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Feb 05, 2024
Does a minor's contract become void or voidable?
Contracts with minors are typically voidable at the minor's discretion.
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Can any party void a voidable contract?
Generally, only the aggrieved party can void a voidable contract.
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Feb 05, 2024
Does fraud make a contract void or voidable?
Fraud typically makes a contract voidable.
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Feb 05, 2024
Can a voidable contract be ratified?
Yes, a voidable contract can be ratified by the aggrieved party, making it fully valid.
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What makes a contract void?
A contract is void if it lacks essential elements like mutual consent, legal purpose, or capacity of parties.
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What are legal remedies in a voidable contract?
In a voidable contract, remedies may include rescission, restitution, or damages.
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Is a contract with an illegal purpose void?
Yes, a contract with an illegal purpose is considered void.
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What happens to a voidable contract if not annulled?
If not annulled, a voidable contract remains valid and enforceable.
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What happens to benefits received under a voidable contract?
In rescission of a voidable contract, benefits received may have to be returned.
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Can a void contract be rectified?
No, a void contract cannot be rectified as it is invalid from the start.
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What is an example of a void contract?
An agreement to commit a crime is an example of a void contract.
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Are all illegal contracts void?
Generally, contracts with illegal purposes are considered void.
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Feb 05, 2024
Is a void contract the same as an expired contract?
No, an expired contract was valid during its term, while a void contract was never valid.
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Are verbal contracts void?
Verbal contracts are not necessarily void, but they may be voidable or hard to enforce.
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Can both parties void a voidable contract?
Typically, only the party who has suffered from the contract's unfairness can void it.
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Is a contract void if one party didn't understand it?
If lack of understanding is due to misrepresentation or incapacity, the contract may be voidable.
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Feb 05, 2024
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About Author
Written by
Shumaila SaeedShumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.
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