General

Conditions under which contracts may be void

Contract law is complicated, and there are several factors that are considered before contracts can hold up in court. If an agreement or promise has been made, you should always know if the law will enforce it. This gives you an upper hand in business and negotiations.

One of the most important questions is whether an agreement can be considered to be a valid contract. If both parties have made an agreement with sufficient exchange of promises, the court might accept it if proper terms are defined. However, the court may declare an agreement or contract to be void. There are several factors that are contemplated when making such a decision.

The people who made the contract should have the capacity to understand the terms of the contract and recognize the consequences. This means that people with a mental disability or those below a certain age might not be able to make a proper contract. The judge might also void a contract if one of the participants was intoxicated.

The courts may not recognize a contract that was agreed on while one of the participants was under duress or undue influence.  Furthermore, if one of the parties misrepresented facts to make the agreement, it will become void in court. Contracts that are unreasonably favorable towards one side might also become void because the judge will suspect wrongdoing. In the event that a contract violates public policy or state laws, it will not be legally binding.

If you have made an agreement or a contract, you might have to stick to the terms. But there may be a chance that the contract could be deemed unenforceable in court. Discuss the contract with an experienced attorney to get their insight on your case.

Tue Aug 28, 5:59pm