Voidable Contract
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A voidable contract, unlike a
void contract A contract is an agreement enforceable by law. A void agreement is one which cannot be enforced by law . Sometimes an agreement which is enforceable by law, i.e., a contract, can become void. Void agreements are different from voidable contracts ...
, is a valid
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
which may be either affirmed or rejected at the option of one of the parties. At most, one party to the contract is
bound Bound or bounds may refer to: Mathematics * Bound variable * Upper and lower bounds, observed limits of mathematical functions Physics * Bound state, a particle that has a tendency to remain localized in one or more regions of space Geography *B ...
. The unbound party may repudiate (reject) the contract, at which time the contract becomes
void Void may refer to: Science, engineering, and technology * Void (astronomy), the spaces between galaxy filaments that contain no galaxies * Void (composites), a pore that remains unoccupied in a composite material * Void, synonym for vacuum, a ...
. Typical grounds for a contract being voidable include
coercion Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
,
undue influence Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a pers ...
, mental incompetence, intoxication,
misrepresentation In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m ...
or
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
. A contract made by a
minor Minor may refer to: * Minor (law), a person under the age of certain legal activities. ** A person who has not reached the age of majority * Academic minor, a secondary field of study in undergraduate education Music theory *Minor chord ** Barb ...
is often voidable, but a minor can only avoid a contract during his or her minority status and for a reasonable time after he reaches the age of majority. After a reasonable period of time, the contract is deemed to be ratified and cannot be avoided.US Legal, Inc.
Contract by a minor
accessed 23 February 2016
Other examples would be real estate contracts, lawyer contracts, etc. When a contract is entered into without the free consent of the party, it is considered a voidable contract. The definition of the act states that a voidable contract is enforceable by law at the option of one or more parties but not at option of the other parties. A voidable contract may be considered valid if it is not cancelled by the aggrieved party within a reasonable time.


References


See also

*
voidable Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ''ab initio'' (or void from the outset) and unenforceable. Definition The ac ...
generally *
void contract A contract is an agreement enforceable by law. A void agreement is one which cannot be enforced by law . Sometimes an agreement which is enforceable by law, i.e., a contract, can become void. Void agreements are different from voidable contracts ...

definition of contract
{{DEFAULTSORT:Voidable Contract Contract law