Difference between Void and Voidable Contract

Similarities: 
Restitution – If any benefit is passed between the parties, void and voidable contracts may be restored back.

Differences

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. A voidable contract takes its full and proper legal effect unless it is disputed and set aside by the person entitled to do so.

Nature – A void contract is valid when it is made. But subsequently it becomes void due to one reason or the other. A contract may be voidable since very beginning, or may subsequently become voidable.


Rights – A void contract is valid when it is made. But subsequently it becomes void due to one reason or the other. A voidable contract gives rights to the aggrieved party to rescind the contract, and claim the damages, etc. in certain cases.


Effect – When a contract is void because of illegality, its collateral transactions also becomes void. A voidable contract does not effect the collateral transactions.
 What is Quasi Contract? What are the different types of Quasi Contracts.
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Difference between Void and Voidable Contract Difference between Void and Voidable Contract Reviewed by Hosne on 9:48 AM Rating: 5

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