Professional Documents
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KB by Kashish Barjatya
Explanation of Void Contract
Invalidity Legal Consequences
A void contract is a legally invalid agreement It does not create any legal rights or
that is unenforceable by law. obligations between the parties involved.
First Condition for Voiding a Contract of Sale
1 Complete Destruction
The subject matter must be completely destroyed, making performance impossible.
Second Condition for Voiding a Contract of
Sale
1 Prior to the Contract
The destruction must occur before the contract is entered into, rendering it impossible to
fulfill.
Third Condition for Voiding a Contract
of Sale
1 Not Due to Buyer's Fault
The destruction must not be due to any fault or negligence of the buyer.
Examples of Contracts Meeting the
Conditions
Fire Damage Natural Calamity
A contract for the sale of a painting, which gets Agricultural produce destroyed by an
destroyed in a fire before the transfer of unforeseen natural disaster before delivery to
ownership. the buyer.
Legal Implications of a Void Contract
1 Non-enforceability
A void contract cannot be enforced by law, and any consideration given
must be returned.
2 No Legal Effect
It has no legal effect from the outset, as if it had never been entered into.
Conclusion and Key Takeaways
1 2 3