Table of Contents
What is a Void Contract?
In business, a void contract is a contract that lacks the possibility of being legally endorsed or claimed. It is nullified the moment it is created. A void contract does not even have the chance to be ever legally verified. To put it simply, it cannot be brought into court.
Mostly such contracts are created when there was no legal consideration before getting into the contract, or legal advisory is avoided for some reason. It is void, also for the reason that it is impossible to be pursued by one of the two parties.
To avoid getting into a void contract, there are a number of factors, including mutual consent of both parties, willingness to seek legal advisory, legal assistance prior to contracting, and the wholeness of the contract.
The voidness of a void contract is to such an extent that, in legal terms, it is like a contract that has never been. It means that it is mainly characterized by strong legal constraints which bar it from entering the legal sphere for endorsement.
What is a Voidable Contract?
A voidable contract can be defined as a legit contract between two parties that is not enforceable for a number of legal reasons. It entails some legal constraints, which, unless removed, stop the contract from having legal underpinnings. Initially, it is not legal and void.
Contracts are voidable when one of the parties does not provide or declare something that is necessary, there is a possibility of mistake and fraud, either party is not legally allowed to enter into the contract, or when one or more terms cannot be executed.
Despite being void, such contracts can be made legally enforceable. It can be done through the process of ratification. In the aforesaid process, both parties are demanded to agree to the new terms and conditions in order to remove any previous disagreement.
Voidable contracts are not illegal in the strictest sense. Mostly such contracts gain legal approval once both parties agree to ratify it. In such cases, the legal advisory is the key to success. Without taking appropriate legal assistance, gaining legality and enforceability is almost impossible.
Difference Between Void Contract and Voidable Contract
- Void contracts are nullified from the start., whereas voidable contracts cannot be enforced for a legal loophole.
- A void contract cannot be made legally executable, whereas a voidable contract has the possibility of being enforced legally.
- Void contracts contain unavoidable criminal elements, whereas voidable contracts have no serious criminal element except fraud.
- A void contract is in need of no advisory, whereas a voidable contract needs legal advisory.
- A void contract is not permissible in a business where a voidable contract can possibly be recognized.
Comparison Table Between Void Contract and Voidable Contract
|Parameters of Comparison
|A void contract remains nullified forever
|A voidable contract can be made enforceable and legal
|Reason(s) for Nullification
|Most likely, there are serious criminal issues like gambling or money laundering
|Usually, contention between the two parties or a party’s inability to get into a contract
|There is no possibility for a void contract to get enforced
|Voidable contracts can be restored by removing legal constraints
|Value in Court
|The court assigns totally zero value to a void contract
|The court can make it enforceable if the legal team helps
|Severity of Illegality
|There is higher severity of illegality in void contracts
|The severity of the problem in voidable contracts is lower