Difference between Void and voidable contract?
**Void Contract**
A void contract is a legal agreement that is considered invalid and unenforceable from the beginning. It has no legal effect, and both parties are not obligated to fulfill their respective obligations under the contract. In other words, it is as if the contract never existed in the eyes of the law. There are several reasons why a contract may be deemed void:
1. **Lack of Capacity**: If one or both parties involved in the contract are not legally capable of entering into a contract, such as minors, mentally incapacitated individuals, or individuals under the influence of drugs or alcohol, the contract is considered void.
2. **Illegal Purpose**: If the purpose of the contract is illegal or against public policy, the contract is void. For example, a contract to engage in criminal activities or to commit fraud is void.
3. **Mistake**: If there is a fundamental mistake or error in the contract that goes to the heart of the agreement, the contract may be void. This includes mistakes in the subject matter, identity of the parties, or terms of the contract.
4. **Duress or Undue Influence**: If one party forces or coerces the other party into entering the contract against their will, the contract may be void. Similarly, if one party exerts undue influence over the other party, rendering their consent invalid, the contract may be void.
5. **Illegality or Impossibility**: If the performance of the contract becomes illegal or impossible after its formation, the contract may become void. This can occur due to changes in laws or unforeseen circumstances that make the contract impossible to fulfill.
**Voidable Contract**
A voidable contract, on the other hand, is a valid contract that can be either affirmed or rejected by one or both parties involved. Unlike a void contract, a voidable contract is initially binding and enforceable, but it gives one or both parties involved the option to void or cancel the contract due to certain legal grounds. The contract is considered valid until it is declared void by the party with the right to do so.
1. **Misrepresentation**: If one party makes false statements or misrepresents material facts during the formation of the contract, the innocent party may have the option to void the contract.
2. **Fraud**: If one party intentionally deceives the other party, leading them to enter into the contract under false pretenses, the innocent party may have the right to void the contract.
3. **Coercion or Undue Influence**: If one party exerts pressure or influence on the other party, forcing them to enter into the contract against their will, the innocent party may have the option to void the contract.
4. **Mistake**: In some cases, a mistake in the contract may render it voidable. However, the mistake must be unilateral, meaning only one party is mistaken, and the other party is aware of the mistake.
5. **Capacity**: If one party lacks the legal capacity to enter into the contract, such as a minor or mentally incapacitated individual, they may have the right to void the contract.
**Conclusion**
In summary, the key difference between a void contract and a voidable contract lies in their enforceability. A void contract is considered null and void from the beginning, while a voidable contract is initially valid but can be voided by one or both parties due to specific legal grounds. It is important to understand these distinctions in order
Difference between Void and voidable contract?
Void contact is not a contact by law but voidable is valid contract but not enforceable by law