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 contract. The contracting parties do not have the power to make a void contract enforceable.

A void agreement is one which is not enforceable in a court of law.

A void agreement refers to a contract that is considered to be legally invalid right from the moment it is created. It lacks the essential elements required for a valid contract, therefore making it unenforceable in a court of law. Let's delve deeper into the concept of a void agreement and understand why it is not enforceable.

What is a void agreement?

A void agreement is a contract that does not possess the necessary elements to be legally binding. It is void ab initio, meaning it is void from the beginning or inception. Such agreements are considered null and void, and they hold no legal effect. The Indian Contract Act, 1872, governs the rules and regulations related to void agreements in India.

Reasons for a void agreement

There are several reasons why an agreement may be considered void. Some of the common grounds for a void agreement include:

1. Lack of capacity: If any of the parties involved in the agreement lacks the legal capacity to enter into a contract, such as minors, individuals of unsound mind, or insolvent persons, the agreement becomes void.

2. Illegal consideration or object: If the consideration or objective of the agreement is illegal or against public policy, the agreement is deemed void. For example, an agreement to commit a crime or engage in fraudulent activities.

3. Mistake: If both parties enter into an agreement based on a fundamental mistake, such as a mistake regarding the subject matter or terms of the contract, it becomes void.

4. Agreement restraining legal proceedings: If an agreement includes a provision that restricts a party's right to initiate legal proceedings in case of a breach, it is considered void.

Consequences of a void agreement

Since a void agreement is deemed invalid from its inception, it does not create any legal rights or obligations for the parties involved. Consequently, a void agreement cannot be enforced in a court of law. Neither party can sue the other for non-performance or seek any remedies for breach of contract.

Conclusion

In conclusion, a void agreement is one that lacks the essential elements required for a valid contract and is therefore not enforceable in a court of law. It is important for individuals and businesses to understand the concept of void agreements to avoid entering into legally invalid contracts and to protect their rights and interests.

Void arguments are those agreements which is illegal and opposed to public policy.