Difference Between Void Contract and Voidable Contract (With Comparison Chart) - Key Differences

Difference Difference Between Void Void Contract and Voidable Voidable Contract (with Compa... Compa... http://keydifferences.com/differ http://keydifferences.com/difference-betweenence-between-void-and-voidable-contra void-and-voidable-contra... ...

April 11, 2015 By Surbhi S — 4 Comments

It is very usual that people get easily confused between void contract and voidable contract, although they both are two different types of contract. Void Contract is the contracts that cannot be enforceable, but the Voidable Contract is the contract in which one party has the right to enforce or rescind the contract. Now, moving on to our topic, difference between Void and Voidable Contract.

1. Comparison Chart 2. Definition 3. Key Differences 4. Examples 5. Conclusion

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Difference Between Void Contract and Voidable Contract (with Compa... http://keydifferences.com/difference-between-void-and-voidable-contra...

BASIS FOR

VOID CONTRACT

COMPARISON Meaning

VOIDABLE CONTRACT

The type of contract which

The contract in which one

cannot be enforceable is known

of the two parties has the

as void contract.

option to enforce or rescind it, is known as voidable contract.

Defined in

Nature

Section 2 (j) of the Indian

Section 2 (i) of the Indian

Contract Act, 1872.

Contract Act, 1872.

The contract is valid, but

The contract is valid, until

subsequently becomes invalid

the party whose consent

due to some reasons.

is not free, does not revokes it.

Reasons

Rights to party

Subsequent illegality or

If the consent of the

impossibility of any act which is

parties is not

to be performed in the future.

independent.

No

Yes, but only to the aggrieved party.

Suit for damages

Not given by any party to

Damages can be claimed

another party for the

by the aggrieved party.

non-performance, but any benefit received by any party must be restored back.

Void contract is the contract which are not enforceable in the court of law. At the time of formation of the contract, the contract is valid as it fulfills all the necessary conditions required to constitute a valid contract, i.e. free consent, capacity, consideration, a lawful object, etc. But due to subsequent change in any law or impossibility of an act, which are beyond the imagination and control of the parties to the contract, the contract cannot be performed and hence it becomes void. Further, no party cannot sue the other party for the non-performance of the contract. The contract becomes void due to the change in any law or any government policy 2 f9

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for the time being in force in India. Along with that the contracts which are opposed to public policy also ceases its enforceability. Contracts with incompetent persons are also declared void like minor, persons of unsound mind, alien enemy or convict etc.

Voidable Contract is the contract which can be enforceable only at the option of one of the two parties to the contract. In this type of contract, one party is legally authorized to make decision to perform or not to perform his part. The aggrieved party is independent to choose the action. The right may arise because the consent of concerned party is influenced by coercion, undue influence, fraud or misrepresentation etc. The contract becomes valid until the aggrieved party does not cancels it. Moreover, the party aggrieved party has the right to claim damages from the other party.

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The major differences between void contract and voidable contract are as under: 1. A contract which lacks enforceability is Void Contract. A contract which lacks the free will of one of the parties to contract is known as Voidable Contract. 2. Void Contract is defined in section 2 (j) while Voidable Contract is defined in Section 2 (i) of the Indian Contract Act, 1872. 3. A void contract was valid at the time when it is created, but later on it becomes invalid. Conversely, voidable contract is valid until the aggrieved party, does not revokes it within stipulated time. 4. When it is impossible, for an act to be performed by the parties it becomes void, as it ceases its enforceability. When the consent of the parties to the contract is not free, the contract becomes voidable at the option of the party whose consent is not free. 5. In void contract, no party can claim any damages for the non-performance of the contract. On the other hand, the aggrieved party can claim damages for any loss sustained.

A promises B to sell his horse after one month to B for Rs. 50,000. Before the completion of one month, the horse died. Now, the contract becomes void as the contract cannot be performed, i.e. the object on which the parties agreed is no more so there is an impossibility of performance of contract. This type of Contract is known as Void Contract. X says to Y, that he should sell his new bungalow to him at a nominal price otherwise, he will damage his property and Y enters into a contract due to fear. In this situation, the contract voidable as the consent of Y is not free, so he has the right to avoid the performance of his part. As well as he can claim for any damages caused to him.

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There are many contracts which are valid, but sometimes due to certain circumstances, they cease to be enforceable which makes them a void contract because it is impossible that the contract is to be further executed. Similarly, there are many people who unlawfully induce or persuade the will of another person to enter into a contract, which becomes voidable at the option of the party whose consent was so induced.

Difference Between Agreement and Contract

Difference Between Fraud and Misrepresentation

Difference Between Coercion and Undue Influence

Difference Between Sale and Agreement to sell

Difference Between Agreement and Memorandum of Understanding (MoU)

Difference Between Indemnity and Guarantee

Filed Under: Law

donatus says July 31, 2015 at 2:24 pm It was helpful thank u Reply

ankit bisht says September 26, 2015 at 7:22 am 5 f9

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Surbhi, you doing a great job by helping us, All your post are helpful…..thanks Surbhi….. Reply

Gretta says October 7, 2015 at 8:36 am Perfect, it is really helpful Reply

Krupali Shah says December 7, 2015 at 7:34 pm Helpful informations… Thanks. . Reply

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Difference Between Void Contract and Voidable Contract (With Comparison Chart) - Key Differences

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