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Black's Law Dictionary defines 'void' as "[n]ull; ineffectual; nugatory; having no legal force or binding effect...." [1] In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value.
However, when a contract is being written and signed, there is no automatic mechanism available in every situation that can be utilized to detect the validity or enforceability of that contract. Practically, a contract can be declared to be void by a court of law. [1] An agreement to carry out an illegal act is an example of a void agreement.
Includes general contract law, tort law, unjust enrichment. [5] Principle of freedom of contract; [3] Conclusion of a contract; [3] Interpretation of a contract; [3] Nullity of a contract: impossibility, unlawfulness, immorality, non-respect of the required form; [3] Defeasibility of a contract: unfair advantage, error, fraud, duress; [3]
Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
null and void [1] over and above [1] oyer and terminer; pains and penalties; part and parcel [1] perform and discharge [1] power and authority [1] sac and soc; sale or transfer [1] signed and sealed [7] sole and exclusive [1] successors and assigns [1] terms and conditions [1] then and in that event [1] toll and team; true and correct [1] use ...
Legal nullity refers to any entity which theoretically is, or might be, of some legal significance, but in fact lacks any identity or distinct structure of its own. [ 1 ] Institutional bodies
a contract for the provision of services shall be governed by the law of the service provider's habitual residence; a contract relating to land or to a tenancy shall be governed by the law of the country where the property is situated; a franchise contract shall be governed by the law of the country where the franchisee has his habitual residence;
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]