When it comes to contracts, it`s essential to understand the difference between a void contract and a voidable one. Both terms describe situations where a contract is not legally enforceable, but the underlying reasons and consequences are different.
A void contract is a contract that is not legally enforceable from the beginning. It is as if the contract never existed. This can happen when the agreement is based on illegal activities, such as fraud, coercion, or duress. For example, if someone signs a contract under duress, it means they were forced to do so against their will. In this case, the contract is considered void because it was not entered into voluntarily. A void contract cannot be enforced by either party and has no legal effect.
On the other hand, a voidable contract is one that is valid but can be canceled or voided by one of the parties involved. This can happen when one of the parties was coerced into signing the contract or was not of sound mind while doing so. For instance, if someone signs a contract while they are intoxicated, it may not be legally enforceable. In such a case, the party that was coerced or lacked the capacity to enter into an agreement can choose to void the contract. A voidable contract is still considered legally binding until it is canceled by one of the parties.
One key difference between void and voidable contracts is the time limit within which they can be challenged. A void contract can be challenged at any time, even many years after it was entered into. A voidable contract, on the other hand, must be challenged within a reasonable time frame. Once this time frame has passed, the contract becomes legally binding and cannot be canceled.
Another difference is the effect on the parties involved. In the case of a void contract, neither party can enforce the terms of the agreement, and the contract is considered null and void. However, in the case of a voidable contract, the party who chooses to cancel the agreement may be required to pay damages to the other party and restore them to the position they were in before the agreement was entered into.
In conclusion, the primary difference between void and voidable contracts is that a void contract is not legally enforceable from the beginning, while a voidable one is valid but can be canceled by one of the parties under certain circumstances. Understanding these differences is essential when entering into contracts to ensure that you are protected by the law and can avoid any potential legal disputes.