Understanding from this chapter

Understanding from this chapter

Number of replies: 11



Which term in this chapter is difficult to you?

What is the difference between void and voidable agreement?

In reply to First post

Re: Understanding from this chapter

by Swarna Ghosh -
Void contracts don’t give anyone an option, they are invalid no matter what the parties do. Voidable contracts are valid until one of the parties decides to cancel or revoke them for legal reasons. Void and voidable can be confusing when it comes to contracts, but there are some things that can help you remember the difference. In other words, void means null. It means it’s not valid from the start, and it could be illegal or not to respect all the elements that make contracts valid. Voidable means it COULD be void, and it also means one of the parties has the option to void it or keep it as it is. Void contracts give no option to both parties while voidable contracts give options to one of the parties. This should make it easy to remember the difference.
In reply to First post

Re: Understanding from this chapter

by Tamanna Meghna -
Void contract definition: A void contract is a type of agreement that is null and invalid from its formation or becomes invalid at some point in the future.

A valid contract can also become void at some point in the future. For parties to form a valid contract, the contract must include essential elements such as acceptance and offer, competent contracting parties, lawful consideration, lawful object, and free consent. If any of the contract’s essential elements listed above become impossible later, the contract will be void. Furthermore, once a contract becomes void, it is no longer legally enforceable. Let’s go through an example to understand the term “void contract” in a better way.
Voidable contract definition: A voidable contract is a type of agreement that can be made void only by one of the parties that made the contract, and this contract is enforceable by law only by that one party.

In a voidable contract, one party is legally empowered to decide whether or not to perform his part. Furthermore, this contract is only valid until the dissatisfied party cancels it. A dissatisfied party may cancel the contract for various reasons, such as all facts not disclosed, misrepresentation or fraud, contractual error, breach of contract,
In reply to First post

Re: Understanding from this chapter

by Nusrat Jahan Shorme -
Regarding the difference between a void and a voidable agreement:

1. Void Agreement: A void agreement is one that is essentially non-existent from the beginning. It lacks the legal effect of a contract. Such agreements are typically not enforceable in court. They may be void for various reasons, such as illegality, impossibility, or a lack of essential elements, like free consent. In other words, it's as if the agreement never existed in the eyes of the law.

2. Voidable Agreement: A voidable agreement is a contract that is valid and enforceable unless one of the parties chooses to void or cancel it. The party with the option to void the contract can do so if there is a valid reason, such as misrepresentation, fraud, coercion, undue influence, or lack of capacity. Until the contract is voided, it remains legally binding. Essentially, the difference between void and voidable agreements is that the former is never valid or enforceable, while the latter is valid unless one of the parties decides to void it due to specific circumstances or reasons allowed by law.
In reply to First post

Re: Understanding from this chapter

by Sakib Hasan Mahim -
Void Agreement:

A void agreement is one that is considered null and has no legal effect from the outset. It is essentially treated as if it never existed. There are several reasons why an agreement may be deemed void:

Illegal Purpose: If the purpose of the agreement is illegal or against public policy, the agreement is void. For example, a contract to commit a crime or violate a law would be void.

Lack of Legal Formalities: Some contracts are required to be in a specific form to be enforceable. If the required legal formalities are not followed, the contract may be void. For instance, certain real estate contracts may need to be in writing.

Agreement with an Uncertain or Impossible Event: If the terms of the agreement involve an event that is impossible or uncertain, the contract may be void. For example, a contract to marry a specific person who is already married would be void.

Consideration or Object Contrary to Law: If the consideration or object of the agreement goes against the law, the contract is void. This could include contracts promoting fraud, harm, or other illegal activities.

Voidable Agreement:

A voidable agreement, on the other hand, is initially valid and enforceable, but one or both parties have the option to void (cancel) it under certain circumstances. The grounds for a contract to be voidable typically involve issues such as:

Lack of Capacity: If one of the parties lacked the legal capacity to enter into the contract (e.g., a minor or someone mentally incapacitated), that party may have the option to void the agreement.

Misrepresentation or Fraud: If one party made false statements or engaged in fraudulent behavior that induced the other party to enter the contract, the defrauded party may have the option to void the agreement.

Coercion or Duress: If one party was forced, threatened, or coerced into entering the contract, the coerced party may have the right to void the agreement.

Undue Influence: If one party, due to a special relationship, exercises undue influence over the other, the influenced party may have the option to void the contract.

Mistake: If both parties were mistaken about a fundamental aspect of the contract, and the mistake was material, the aggrieved party may have the option to void the agreement.

In the case of voidable agreements, the contract remains valid until the party with the right to void chooses to do so. If the aggrieved party doesn't exercise this right within a reasonable time, the contract becomes binding and enforceable.

It's important to note that the distinction between void and voidable agreements may vary based on jurisdiction and local contract laws. Legal advice is recommended when dealing with situations involving void or voidable agreements.
In reply to First post

Re: Understanding from this chapter

by Md Rakib Khalifa -
Void Agreement:

A void agreement is one that is essentially without legal effect from the outset.
It is void ab initio, meaning "from the beginning." In other words, it is treated as if it never existed.
A void agreement is usually void because it involves a fundamental flaw that makes it illegal or against public policy.
Common examples of void agreements include agreements to commit a crime, agreements to defraud someone, or agreements that violate statutory law.
Voidable Agreement:

A voidable agreement, on the other hand, is a valid contract but has factors that allow one party to void (cancel) the contract if they choose to do so.
The agreement is initially valid, but certain circumstances or defects give one party the option to void the contract.
Grounds for making an agreement voidable may include fraud, undue influence, duress, misrepresentation, or lack of capacity.
Unlike void agreements, voidable agreements are considered valid until the party with the power to void chooses to do so.
In summary, the key difference lies in the legal status of the agreement. A void agreement is fundamentally flawed and treated as if it never existed, while a voidable agreement is initially valid but can be voided under certain circumstances. The ability to void a contract in a voidable agreement typically lies with one of the parties who was subjected to some form of wrongdoing or lacked the capacity to fully consent to the agreement.
In reply to First post

Re: Understanding from this chapter

by Mst: Afrin Anam pael -
Void contracts don’t give anyone an option, they are invalid no matter what the parties do. Voidable contracts are valid until one of the parties decides to cancel or revoke them for legal reasons. Void and voidable can be confusing when it comes to contracts, but there are some things that can help you remember the difference. In other words, void means null. It means it’s not valid from the start, and it could be illegal or not to respect all the elements that make contracts valid. Voidable means it COULD be void, and it also means one of the parties has the option to void it or keep it as it is. Void contracts give no option to both parties while voidable contracts give options to one of the parties. This should make it easy to remember the difference.
In reply to First post

Re: Understanding from this chapter

by Habibullah Hasan -
Void Agreement:

A void agreement is one that is essentially without legal effect from the outset.
It is void ab initio, meaning "from the beginning." In other words, it is treated as if it never existed.
A void agreement is usually void because it involves a fundamental flaw that makes it illegal or against public policy.
Common examples of void agreements include agreements to commit a crime, agreements to defraud someone, or agreements that violate statutory law.
Voidable Agreement:

A voidable agreement, on the other hand, is a valid contract but has factors that allow one party to void (cancel) the contract if they choose to do so.
The agreement is initially valid, but certain circumstances or defects give one party the option to void the contract.
Grounds for making an agreement voidable may include fraud, undue influence, duress, misrepresentation, or lack of capacity.
Unlike void agreements, voidable agreements are considered valid until the party with the power to void chooses to do so.
In summary, the key difference lies in the legal status of the agreement. A void agreement is fundamentally flawed and treated as if it never existed, while a voidable agreement is initially valid but can be voided under certain circumstances. The ability to void a contract in a voidable agreement typically lies with one of the parties who was subjected to some form of wrongdoing or lacked the capacity to fully consent to the agreement.
In reply to First post

Re: Understanding from this chapter

by Faraya Samiya -
Void agreement :

A void agreement is a contract that lacks legal enforceability, rendering it essentially invalid from the beginning. Such agreements are considered null and void, as if they never existed. Examples of void agreements include contracts with unlawful objects, agreements against public policy, or contracts involving fraud.

For instance, a contract to engage in illegal activities, like drug trafficking, would be void since the purpose is against the law.



Voidable agreement :

A voidable agreement is a contract that is valid and enforceable unless one of the parties involved chooses to void or cancel it due to specific legal reasons. The agreement is initially binding, but one party has the option to void it if certain conditions are met.

Example: If a person enters into a contract under duress, where they are coerced or threatened, the agreement becomes voidable. The party under duress can choose to void the contract if they decide to challenge its validity within a reasonable time after the duress is lifted.
In reply to First post

Re: Understanding from this chapter

by MOHAMMAD SHAHRIAR HASAN SAGOR -
A void agreement is one that lacks legal validity from the beginning. It is essentially no contract at all and cannot be enforced by either party. This might be due to illegality, impossibility, or other fundamental defects.

On the other hand, a voidable agreement is initially valid but has some flaw that allows one party to choose whether to void (cancel) the contract. This could be due to factors like misrepresentation, coercion, undue influence, or incapacity of one of the parties. The party with the power to void can either affirm the contract or choose to void it, depending on the circumstances.
In reply to First post

Re: Understanding from this chapter

by Mehrun nesa Mitu -
Void contracts don’t give anyone an option, they are invalid no matter what the parties do. Voidable contracts are valid until one of the parties decides to cancel or revoke them for legal reasons. Void and voidable can be confusing when it comes to contracts, but there are some things that can help you remember the difference. In other words, void means null. It means it’s not valid from the start, and it could be illegal or not to respect all the elements that make contracts valid. Voidable means it COULD be void, and it also means one of the parties has the option to void it or keep it as it is. Void contracts give no option to both parties while voidable contracts give options to one of the parties. This should make it easy to remember the difference
In reply to First post

Re: Understanding from this chapter

by Mosammat Nushrat Jahan Neela (221-11-1478) -
Void contracts don’t give anyone an option, they are invalid no matter what the parties do. Voidable contracts are valid until one of the parties decides to cancel or revoke them for legal reasons. Void and voidable can be confusing when it comes to contracts, but there are some things that can help you remember the difference. In other words, void means null. It means it’s not valid from the start, and it could be illegal or not to respect all the elements that make contracts valid. Voidable means it COULD be void, and it also means one of the parties has the option to void it or keep it as it is. Void contracts give no option to both parties while voidable contracts give options to one of the parties. This should make it easy to remember the difference.