Void Contract vs. Voidable Contract: What's the Difference?
Edited by Sawaira Riaz || By Sumera Saeed || Updated on October 9, 2023
A void contract is inherently unenforceable from the start, while a voidable contract is valid unless one party chooses to void it.
Key Differences
A void contract lacks the essential elements that make a contract enforceable by law. On the other hand, a voidable contract contains all necessary elements, but its validity can be contested due to certain flaws or reasons.
Sumera Saeed
Oct 09, 2023
From the onset, a void contract has no legal effect. This means that neither party can enforce the contract's terms in a court of law. Conversely, a voidable contract is enforceable unless one party chooses to void or negate it due to reasons like misrepresentation or duress.
Sumera Saeed
Oct 09, 2023
In terms of rights and obligations, a void contract does not confer any rights or obligations on the parties involved. In contrast, a voidable contract establishes rights and obligations unless and until it is voided by the aggrieved party.
Sumera Saeed
Oct 09, 2023
One can say that a void contract is "dead on arrival," rendering it completely unenforceable. A voidable contract, however, starts its life as a valid contract, but its continuation is contingent on whether the aggrieved party decides to void it.
Sara Rehman
Oct 09, 2023
If you enter into a void contract, you cannot expect any legal remedy or recourse since the contract is non-existent in the eyes of the law. In a voidable contract scenario, the aggrieved party has the option to either enforce the contract or void it, granting them the flexibility to decide based on their best interests.
Janet White
Oct 09, 2023
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Comparison Chart
Legal Status
Has no legal effect from the beginning.
Initially valid but can be invalidated by one party.
Sumera Saeed
Oct 09, 2023
Arises Due To
Lack of essential contract elements.
Flaws like misrepresentation or duress.
Sumera Saeed
Oct 09, 2023
Rights & Obligations
Confers no rights or obligations.
Has rights & obligations until voided.
Sumera Saeed
Oct 09, 2023
Remedies
No legal remedy available since it's non-existent legally.
Legal remedies available unless the contract is made void.
Harlon Moss
Oct 09, 2023
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Void Contract and Voidable Contract Definitions
Void Contract
A void contract fails to meet the fundamental criteria required by law.
A contract without the mutual consent of parties is void.
Sumera Saeed
Oct 09, 2023
Voidable Contract
A voidable contract gives one party the choice to either enforce or void it.
An agreement made with a party without full information becomes a voidable contract for them.
Sara Rehman
Oct 09, 2023
Void Contract
A void contract is a contract that lacks legal enforceability.
A contract to commit a crime is a void contract.
Sumera Saeed
Oct 09, 2023
Voidable Contract
A voidable contract arises due to certain flaws that affect its validity.
A contract where one party was intoxicated during its formation is a voidable contract.
Harlon Moss
Oct 09, 2023
Void Contract
A void contract has no legal implications or obligations.
A contract to buy stolen goods is a void contract.
Sumera Saeed
Oct 09, 2023
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Voidable Contract
A voidable contract is a valid contract that can be invalidated by one party.
A contract signed under duress is a voidable contract.
Sumera Saeed
Oct 09, 2023
Void Contract
A void contract is one that's legally non-existent from its inception.
An agreement with no consideration becomes a void contract.
Sawaira Riaz
Oct 09, 2023
Voidable Contract
A voidable contract remains enforceable unless annulled.
A contract with misrepresentation can be a voidable contract if the misled party chooses.
Sumera Saeed
Oct 09, 2023
Void Contract
A void contract is null and void in the eyes of the law.
An agreement to trade in illegal substances is a void contract.
Janet White
Oct 09, 2023
Voidable Contract
A voidable contract has the potential to be nullified if contested.
A contract formed with a minor can be considered a voidable contract.
Sawaira Riaz
Oct 09, 2023
FAQs
What makes a contract void?
A void contract lacks essential elements required for its enforceability.
Sumera Saeed
Oct 09, 2023
Does a void contract have any legal implications?
No, a void contract has no legal effect or obligations.
Sumera Saeed
Oct 09, 2023
Can a voidable contract be enforced?
Yes, a voidable contract is enforceable unless one party decides to void it.
Aimie Carlson
Oct 09, 2023
Who can void a voidable contract?
The aggrieved party, or the party affected by the flaw, can void a voidable contract.
Janet White
Oct 09, 2023
What's the key difference between void and voidable contracts?
A void contract is unenforceable from the start, while a voidable contract is initially valid but can be voided.
Sara Rehman
Oct 09, 2023
Is a contract with a minor void or voidable?
Generally, contracts with minors are considered voidable.
Sara Rehman
Oct 09, 2023
What happens if a voidable contract is not voided?
It remains valid and enforceable.
Sara Rehman
Oct 09, 2023
Can you provide an example of a voidable contract?
A contract signed under duress is a voidable contract.
Aimie Carlson
Oct 09, 2023
Is a voidable contract always voided?
No, it's up to the aggrieved party to decide whether to void it.
Aimie Carlson
Oct 09, 2023
Can a void contract be enforced in court?
No, a void contract is unenforceable by law.
Sawaira Riaz
Oct 09, 2023
Why might a contract be voidable?
Reasons like misrepresentation, duress, or undue influence can make a contract voidable.
Harlon Moss
Oct 09, 2023
Are all illegal contracts void?
Yes, contracts promoting illegal activities are inherently void.
Sumera Saeed
Oct 09, 2023
What remedies are available for parties in a void contract?
None, since a void contract is non-existent in the eyes of the law.
Sumera Saeed
Oct 09, 2023
Is mutual consent necessary for a valid contract?
Yes, without mutual consent, a contract is void.
Harlon Moss
Oct 09, 2023
Does a void contract confer any rights?
No, a void contract confers no rights or obligations on the parties.
Sumera Saeed
Oct 09, 2023
Can both parties enforce a voidable contract?
Yes, unless and until the aggrieved party chooses to void it.
Harlon Moss
Oct 09, 2023
Can you provide an example of a void contract?
A contract to commit a crime is a void contract.
Aimie Carlson
Oct 09, 2023
Are contracts made under intoxication void or voidable?
Such contracts are generally considered voidable, giving the intoxicated party the option to void.
Sara Rehman
Oct 09, 2023
Can a void contract become valid later?
No, a void contract is inherently invalid from its inception.
Sumera Saeed
Oct 09, 2023
Can a voidable contract continue if not voided?
Yes, a voidable contract remains in effect unless it's voided by the eligible party.
Janet White
Oct 09, 2023
About Author
Written by
Sumera SaeedSumera is an experienced content writer and editor with a niche in comparative analysis. At Diffeence Wiki, she crafts clear and unbiased comparisons to guide readers in making informed decisions. With a dedication to thorough research and quality, Sumera's work stands out in the digital realm. Off the clock, she enjoys reading and exploring diverse cultures.
Edited by
Sawaira RiazSawaira is a dedicated content editor at difference.wiki, where she meticulously refines articles to ensure clarity and accuracy. With a keen eye for detail, she upholds the site's commitment to delivering insightful and precise content.
