Void Contract vs. Voidable Contract: What's the Difference?
Edited by Janet White || By Harlon Moss || 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.
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.
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.
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.
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.
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Comparison Chart
Legal Status
Has no legal effect from the beginning.
Initially valid but can be invalidated by one party.
Enforceability
Never enforceable.
Enforceable unless voided.
Arises Due To
Lack of essential contract elements.
Flaws like misrepresentation or duress.
Rights & Obligations
Confers no rights or obligations.
Has rights & obligations until voided.
Remedies
No legal remedy available since it's non-existent legally.
Legal remedies available unless the contract is made void.
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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.
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.
Void Contract
A void contract is a contract that lacks legal enforceability.
A contract to commit a crime is a void contract.
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.
Void Contract
A void contract has no legal implications or obligations.
A contract to buy stolen goods is a void contract.
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.
Void Contract
A void contract is one that's legally non-existent from its inception.
An agreement with no consideration becomes a void contract.
Voidable Contract
A voidable contract remains enforceable unless annulled.
A contract with misrepresentation can be a voidable contract if the misled party chooses.
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.
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.
FAQs
What makes a contract void?
A void contract lacks essential elements required for its enforceability.
Does a void contract have any legal implications?
No, a void contract has no legal effect or obligations.
Can a voidable contract be enforced?
Yes, a voidable contract is enforceable unless one party decides to void it.
Who can void a voidable contract?
The aggrieved party, or the party affected by the flaw, can void a voidable contract.
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.
Is a contract with a minor void or voidable?
Generally, contracts with minors are considered voidable.
What happens if a voidable contract is not voided?
It remains valid and enforceable.
Can you provide an example of a voidable contract?
A contract signed under duress is a voidable contract.
Is a voidable contract always voided?
No, it's up to the aggrieved party to decide whether to void it.
Can a void contract be enforced in court?
No, a void contract is unenforceable by law.
Why might a contract be voidable?
Reasons like misrepresentation, duress, or undue influence can make a contract voidable.
Are all illegal contracts void?
Yes, contracts promoting illegal activities are inherently void.
What remedies are available for parties in a void contract?
None, since a void contract is non-existent in the eyes of the law.
Is mutual consent necessary for a valid contract?
Yes, without mutual consent, a contract is void.
Does a void contract confer any rights?
No, a void contract confers no rights or obligations on the parties.
Can both parties enforce a voidable contract?
Yes, unless and until the aggrieved party chooses to void it.
Can you provide an example of a void contract?
A contract to commit a crime is a void contract.
Are contracts made under intoxication void or voidable?
Such contracts are generally considered voidable, giving the intoxicated party the option to void.
Can a void contract become valid later?
No, a void contract is inherently invalid from its inception.
Can a voidable contract continue if not voided?
Yes, a voidable contract remains in effect unless it's voided by the eligible party.
About Author
Written by
Harlon MossHarlon is a seasoned quality moderator and accomplished content writer for Difference Wiki. An alumnus of the prestigious University of California, he earned his degree in Computer Science. Leveraging his academic background, Harlon brings a meticulous and informed perspective to his work, ensuring content accuracy and excellence.
Edited by
Janet WhiteJanet White has been an esteemed writer and blogger for Difference Wiki. Holding a Master's degree in Science and Medical Journalism from the prestigious Boston University, she has consistently demonstrated her expertise and passion for her field. When she's not immersed in her work, Janet relishes her time exercising, delving into a good book, and cherishing moments with friends and family.
