Voidable - Lecture notes 3 PDF

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void and voidable contract...

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Voidable/Void Contract What Is a Voidable Contract? A voidable contract is a formal agreement between two parties that may be rendered unenforceable for a number of legal reasons. Reasons that can make a contract voidable include the following:      

Failure by one or both parties to disclose a material fact A mistake, misrepresentation or fraud Undue influence or duress One party's legal incapacity to enter a contract One or more terms that are unconscionable A breach of contract

How Voidable Contracts Work  A voidable contract is originally considered to be legal and enforceable but can be rejected by one party if the contract is discovered to have defects/flaws 缺陷.  If a party with the power to reject the contract chooses not to reject the contract despite the defect, the contract remains valid and enforceable.  Most often, only one of the parties is adversely affected by agreeing to a voidable contract in which that party fails to recognize the misrepresentation or fraud made by the other party. Voidable Versus Void Contracts VOIDABLE  A voidable contract occurs when one of the involved parties would not have agreed to the contract originally if he had known the true nature of all of the elements of the contract prior to original acceptance.  With the presentation of new knowledge, the aforementioned party has the opportunity to reject the contract after the fact. VOID 1) one or both parties to participate in an illegal act 2) a party becomes incapable of meeting the terms. Alternatively, a contract is voidable when one or both parties were not legally capable of entering into the agreement, such as when one party is a minor. In contrast, a void contract is inherently unenforceable. A contract may be deemed void should the terms require one or both parties to participate in an illegal act, or if a party becomes incapable of meeting the terms as set forth, such as in the event of one party’s death.

A contract that is deemed voidable can be corrected through the process of ratification. Contract ratification requires all involved parties to agree to new terms that effectively remove the initial point of contention present in the original contract. For example, if it was later discovered that one of the parties was not capable of entering into a legally enforceable contract when the original was approved, that party can choose to ratify the contract when they are deemed legally capable.

Example of a Potentially Voidable Contract Certain smartphone apps, categorized as freemium apps, begin as free downloads that allow for in-app purchases costing real currency. Those freemium apps that are geared toward children may result in a minor accepting the terms and conditions associated with gameplay, although those terms may allow for the later solicitation of in-app purchases. This type of activity led to a lawsuit against Apple (AAPL) in 2012, which suggested the transactions were part of a voidable contract.

KEY TAKEAWAYS  Not all contracts are voidable, and there must be legal precedent to absolve responsibility.  Finding a defect in the original contract is a common way to void that contract.  The simplest way to void a contract is for both parties to agree that voiding it is the best option.

Understanding Void Contracts A contract may be deemed void if it is not enforceable as it was originally written. In such instances, void contracts (also referred to as "void agreements"), involve agreements that are either illegal in nature or in violation of fairness and/or public policy. [Important: From a legal perspective, obligations to either party cannot be enforced, but this is especially true to the disappointed party.] Void contracts can occur when one of the involved parties is incapable of fully comprehending the implications of the agreement. For example, a mentally impaired individual or an inebriated person may not be coherent enough to adequately grasp the parameters of the agreement, rendering it void. Furthermore, agreements entered into by minors may be considered void; however, some contracts involving minors that have acquired the consent of a parent or guardian may be enforceable.

A contract may also become void if a change in laws or regulations occurs after an agreement was reached but before the contract was fulfilled if the formerly legal activities described within the document are now deemed illegal. Voidable Contract

While a void contract is often considered not executable by design, a contract may be deemed voidable if the agreement is actionable, but the circumstances surrounding the agreement are questionable in nature. This includes agreements made where one party withheld information or intentionally provided inaccurate information. Failure to disclose items as required by law, or misrepresenting information may render the contract voidable but doesn't automatically make it void.

KEY TAKEAWAYS  A void contract is a formal agreement that is effectively illegitimate and unenforceable from the moment it is created.  A void contract differs from a voidable contract, although both may indeed be nullified for similar reasons.  A contract may be deemed void if it is not enforceable as it was originally written.  Void contracts can occur when one of the involved parties is incapable of fully comprehending the implications of the agreement, like when a mentally impaired individual or an inebriated person may not be coherent enough to adequately grasp the parameters of the agreement, rendering it void.

Example of Void Contract Any contract agreement created between two parties for illegal actions is considered a void contract. For example, a contract between an illegal drug supplier and a drug dealer is unenforceable from the onset, due to the illegal nature of the agreed-upon activity....