Void Agreement Features: What You Need to Know

A void agreement is a legal term used to describe an agreement that is deemed unenforceable by the court of law. It is important to understand the features of a void agreement to avoid legal consequences and ensure that any agreement you enter into is legally enforceable. Here are some features of void agreements that you need to know.

1. No legal effect

A void agreement is said to have no legal effect. This means that any agreement that is considered void by the court is not binding. It is as if the agreement never existed in the first place. So, it is essential to ensure that any agreement you enter into is legally enforceable, or else it may have no legal effect.

2. Contravenes the law

Any agreement that contravenes the law is void. So, if an agreement is contrary to the law of the land or public policy, it is not legally enforceable. For instance, an agreement that involves the commission of a crime is void as it contravenes the law.

3. Lack of free consent

A void agreement may result from a lack of free consent. Free consent means that all parties to the agreement must willingly and voluntarily agree to the terms of the agreement. If any party is coerced, threatened, or misled into agreeing to the terms of the agreement, the agreement is deemed void.

4. Uncertain terms

An agreement will be considered void if its terms are uncertain and vague. This means that the agreement does not clearly state the obligations of the parties involved or what is expected of them. For instance, an agreement to sell a property without a clear description of the property`s location is void.

5. Mutual mistake

An agreement may be void if both parties make a mutual mistake about the subject matter of the agreement. For instance, if both parties enter into an agreement to buy and sell a painting, but it turns out that the painting is a fake, the agreement will be void.

6. Capacity to contract

The parties to an agreement must be capable of contracting. This means that they must be of legal age, sound mind, and free from any legal disabilities that may prevent them from entering into a contract. An agreement involving a minor, a person of unsound mind, or a bankrupt person is void.

Conclusion

In conclusion, understanding the features of a void agreement is crucial to ensure that any agreement you enter into is legally enforceable. Always seek professional legal advice before entering into any agreement to avoid legal consequences. Remember, a void agreement has no legal effect, and any party relying on it may suffer significant losses.