law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

under duress, that

is treated as being void ''ab initio''. The frequent combination "null and void" is a

legal doublet A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by ''and'', such as ''cease and desist''. The order of th ...

. The term is frequently used in contradistinction to the term "

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 a ...

" and "

unenforceable An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or ''void ab initio'') and voidable. If the parties perform the agreement, it will be valid ...

Definitions

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by Wes ...

'' defines 'void' as " ll; ineffectual; nugatory; having no legal force or binding effect...." In the case of a contract, this means there is no legal obligation, therefore there can be no

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...

since the contract is null, but there may be an

implied contract A quasi-contract (or implied-in-law contract or constructive contract) is a Legal fiction, fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems ...

which requires the recipient of goods or services provided to pay their reasonable value. A contract that is void is no longer legally enforceable. A contract may be voidable if there are grounds upon which a party to the contract may avoid or disaffirm their duties of performance, but does not become void until that option is exercised. A contract is void ''ab initio'', or from the beginning, if it is for an illegal purpose or if it offends public policy, and such a contract may not be enforced through the courts.

Significance

The significance of this usually lies in the possibility of third party rights being acquired in good faith. For example, in ''

Cundy v Lindsay ''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance.(187 ...

'' (1878), a fraudster using the name Blenkarn posed as a retailer and induced Lindsay & Co to deliver 250 dozen linen handkerchiefs to him. Blenkarn then sold the handkerchiefs on to an innocent third party, Cundy, but Lindsay was never paid. Lindsay, claiming ownership of the handkerchiefs, sued Cundy for their return. If the contract of sale to Blenkarn was held to be ''voidable'' for fraud, then Lindsay & Co would only have recourse against the insolvent Blenkarn. However, if (as was held) the contract of sale was ''void ab initio'', then the title did not pass from Lindsay to Blenkarn in the first place, and Lindsay could claim back the handkerchiefs from Cundy as their property. Cundy was left with only a claim against the insolvent Blenkarn. In every case, third parties involved with

bad faith Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which c ...

in void or voidable contracts not only are affected by nullity, but may also be liable for statutory damages. However, the right to avoid a voidable transaction can be lost (usually lost by delay). These are sometimes referred to as "bars to rescission". Such considerations do not apply to matters affected by absolute nullity, or void ''ab initio''.

References

{{Authority control Legal terminology Contract law

Definitions

Significance

See also

References