Professional Documents
Culture Documents
* A voidable contract
is one that, because of
misrepresentation,
mistake,
non-disclosure or
undue influence,
may be set aside by one of the parties,
subject to certain restrictions
(e.g. that both parties can be restored to their
original positions and that the rights of a third
party will not be upset if the contract is
ended).
A buyer of goods cannot, therefore,
rescind the sale contract
unless he can return the goods, and
the seller cannot rescind
if he has already sold the goods to a third
party.
A void contract is one that
has no legal force from the moment of its
making,
e.g. because of lack of capacity of the parties,
or mistake.
An illegal contract is one that is
prohibited by statute or
illegal at common law on the grounds of
public policy and
automatically void since it is impossible to
perform within the law.
An unenforceable contract, although valid,
cannot be enforced because it is neither
evidenced in writing not supported by a
sufficient act of part performance.
The contract might be
not capable of proof, or
not stamped (where stamping is required), or
legal remedy may be barred by lapse of time.
* A valid contract is one that does not fall
into one of the above categories.