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A voidable contract, unlike a void contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties. At most, one party to the contract is bound . The unbound party may repudiate (reject) the contract, at which time the contract becomes void .
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The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a ...
The term void ab initio, which means "to be treated as invalid from the outset", comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio. The frequent combination "null and void" is a legal ...
It is also possible for a contract to be void if there was a mistake in the identity of the contracting party. An example is in Lewis v Averay [ 2 ] where Lord Denning MR held that the contract can only be avoided if the plaintiff can show that, at the time of agreement, the plaintiff believed the other party's identity was of vital importance.
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E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ab initio". Typically, documents or acts which are void ab initio cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ab initio , the parties are returned to their respective positions that ...
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