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A void agreement is void ab initio, i e from the beginning while a voidable contract can be voidable by one or all of the parties. A voidable contract is not void ab initio, rather, it becomes void later due to some changes in condition. In sum, there is no scope of any discretion on the part of the contracting parties in a void agreement.
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]
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 ...
The blue pencil doctrine is a legal concept in common law countries in which a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable. The blue pencil rule allows the legally valid enforceable provisions of the contract to stand despite the nullification of the legally void ...
Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married. If a marriage was not legally valid, the law says that it never existed. [11]
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or void ab initio) and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not.
A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the ...
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 .