Difference between void and voidable contract

The terms void and voidable are commonly heard and used in relation to contracts.

Difference between void and voidable contract

There is no contract unless the following requisites concur: Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.

The offer must be certain and the acceptance absolute.


A qualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made.

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An acceptance may be express or implied. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. An offer made through an agent is accepted from the time acceptance is communicated to him.

An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.

When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at Difference between void and voidable contract time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.

Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.


The following cannot give consent to a contract: Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. The incapacity declared in Article is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws.

A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.

Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.

There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.

There is violence when in order to wrest consent, serious or irresistible force is employed.


There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind.

A threat to enforce one's claim through competent authority, if the claim is just or legal, does not vitiate consent. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.Labour Act.

Chapter Laws of the Federation of Nigeria Arrangement of Sections. Part I. General Provisions as to protection of wages, contracts of employment and terms and conditions of . Definition – When a contract ceases to be enforceable at law, it becomes void contract.

Voidable contract is a contract which is enforceable by law at the option of one or more parties thereof, but not at the option of others. Status – A void contract cannot create any legal rights.

It is a total nullity. Knowing the difference between void contract and voidable contract will help you to understand these two terms clearly.

Difference between void and voidable contract

this article makes an attempt to clear completely differentiate void and voidable contract. Difference between Void and Voidable Contract Legal Aspects of Business and Technology BBA Management Notes.

Void means something that is null and completely without legal force or binding ph-vs.com Contract is a contract that is null and without legal ph-vs.com means that the contract is unenforceable by law and such a contract cannot be.

The legal definition of Void or Void Ab Initio is Not legally binding. A document that is void is useless and worthless; as if it did not exist. ejaz Reply: November 26th, at pm.

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Glossary of Legal Terms — Judicial Education Center