Contracts & Disputes

Void Contract

Also known as: void agreement

In plain English

An agreement that the law treats as never having been a valid contract at all, so neither side can enforce it.

What it means

A void contract has no legal effect from the outset — it is as if it never existed. A contract may be void because it is missing an essential element (such as consideration), is for an illegal purpose, or is impossible to perform. This differs from a voidable contract, which is valid until one party chooses to cancel it. Because a void contract was never binding, neither party can sue on it, though a party may sometimes recover money or property already transferred.

How it's used

Because the agreement required one party to do something illegal, the court held it was a void contract and refused to enforce it.

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