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Thread: Difference between a void contract and a voidable contract?

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    Difference between a void contract and a voidable contract?

    Doing some revision atm, could do with some help - what are the differences between a void contract and a voidable contract, and does 'restitutio in integrum' only apply to voidable contracts?

    Cheers.
    ~'Armaments, universal debt, and planned obsolescence--those are the three pillars of Western prosperity'~ Aldous Huxley




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    Re: Difference between a void contract and a voidable contract?

    Hi, Law student here (but don't take everything I say for granted! )

    In order for a contract to be void or voidable, it must breach one of these rules:

    • the parties that enter into the contract must consent fully to do so, and
    • they must have the legal capacity to enter into a contract, and
    • they must be capable of carrying out their respective parts of the agreement, and
    • the actions demanded of the contracting parties must be legal.



    A void contract is one that obliges the contracting parties to commit illegal acts. Damages cannot be claimed by a party injured by attempting to comply with a void contract. For example, if I contract to pay someone to shoot a TV game show host, and the would-be murderer decides to take the money and run without satisfying his part of the deal, then the courts will not assist me to recover the money

    Unlike a void contract, whose legal status is as if it never existed, a voidable contract is one that remains in force until it is declared void by one of the contracting parties.

    restitutio in integrum should only apply to a voidable contract, as a void contract is treated as if it never legally existed.

    Hope this helps

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