Q 2.5. Distinguish between void and voidable contract.
Answer: –
Contracts can be classified as void or voidable based on their legal enforceability. The key differences are
Basis | Void Contract | Voidable Contract |
---|---|---|
Definition | A contract that is not enforceable by law and has no legal effect. | A contract that is enforceable by law but can be canceled by one party. |
Validity | Invalid from the beginning or becomes invalid later. | Initially valid but can be declared void at the option of one party. |
Legal Obligation | No party has a legal obligation to perform. | One party is bound unless the other chooses to cancel it. |
Causes | Arises due to illegality or impossibility of performance. | Arises due to coercion, fraud, misrepresentation, or undue influence. |
Example | A contract with an illegal objective is void. | A contract signed under pressure can be voidable by the affected party. |
Thus, void contracts are never enforceable, while voidable contracts can be enforced unless canceled by the aggrieved party.