• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Void and voidable Contracts.

Extracts from this document...


Void Contracts: A contract is void if it is worthless, that is, not really a contract at all. Some contracts made by minors, for example, are automatically void. Contracts may be declared void on the basis that they oblige 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. The illegality need not be as serious as murder for this to be the case. Some contracts may not be strictly void, but can be declared void. The distinction is important because when goods or property are exchanged under a voidable contract, title is passed. With a void contract no title passes, because effectively the contract never existed. Voidable Contracts: 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. ...read more.


She has ordered the display model which she has seen in the shop window offered at a reduced price. A sales assistant confirms the sale with Safina and takes a credit card deposit from her. Unbeknownst to either of them, the sofa has actually been destroyed the previous day, due to not complying with current health and safety regulations. This is known as a common mistake. A common mistake is one when both parties make the same error relating to a fundamental fact. A contract will be void at common law if the subject matter of the agreement is, in fact, res extincta, non-existent. Section 6 of the Sale of Goods Act 1979 provides that: Where there is a contract for the sale of specific goods, and the goods without the knowledge of the sellers have perished at the time when the the contract was made, the contract is void. Therefore, the contract is totally void, and is, as if it never existed. 4. In this case Dan buys a garage from a large oil company. While negotiating the oil company gives Dan an estimate of the profit he should make annually. ...read more.


In the case of Forster v Suggett [1918] it was held that an employer cannot prevent an employee from using his own skill after he has left even if that skill was learnt from the employer. However, if it is an express term of the contract, as it is with Omar, the test of reasonableness is used to determine whether the restraint clause applies in total, or in part, or not at all. The courts try and strike a balance between protecting the goodwill of the employer and allowing the employee to earn a living. The test of reasonableness is applied to duration of the restraint, the radius of it and the scope of it. In the case of Omar, it would be unreasonable to expect him not to work for another firm of architects within Europe or the USA for the next ten years. A reasonable restraint would have been that he could not work for a firm of architects within the West Midlands area for two years following his termination of the contract. This would at least give him the option of working within England to earn a reasonable living. Therefore the clause is not valid and hence renders the contract in question void. Contract Law Assignment 4 Access to Law Mohammed Abdullah ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    And yet, it was held that the claimants had provided consideration in the sense that they provided a practical benefit to the defendants and so were entitled to the promise. Apparently, this situation differs from the cases of Hartley v Posonby [1857] and Glasbrook Bros Ltd v Glamorgan CC [1925]

  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    The buyers issued a writ claiming damages for breach of the contract. The House of Lords held that the service of the writ should be set aside because the contract had not been made within the court's jurisdiction. Lord Wilberforce stated that the present case is, as Entores itself, the

  1. Free essay

    Outline how consumers are protected in contracts for the sale of goods, identifying relevant ...

    He then sends a letter through the post on the 10th September (a day after) stating that he would now like to accept Bob's original offer of �20,000 and asking Jamal to bring the money and collect the car. If we look at the postal rule, it states that a letter is effective from when it is sent.


    misleading to conclude that, being a warranty, damages is a sufficient remedy. The remedies open to the innocent party for breach of a stipulation which is not a condition strictly so called, depend on the nature of the breach and its foreseeable consequences.

  1. Explain what is meant by an unfair term in a contract and describe and ...

    Article 7(1) of the directive provided that Member States have to ensure that adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers. Also Article 7(2) states that there must be a means by which any person or body that has a

  2. health and safety legislation and regulation

    And I would put a CCTV so everyone will know that someone is watching the drill so no one will use the drill even if they need it desperately. I would bolt the drill to the ground so if someone when to use the drill by accident the drill won't


    Relevant cases Wolf & wolf v Forfar Potato Co Ltd (1984) - this was a Scottish company which sent a telex to a Dutch company offering to sell a quantity of potatoes. It was a condition of the offer that it had to be accepted by 5 pm the next day.

  2. Economic Loss & Negligent Misstatements questions and answers

    Sven would not be held liable for Erik, Matius or Annika losing money, because the report and advice he gave to Erik was just of a friend, and should not have been taken seriously 1. Friends - Chaudhry v Prabhakar [1988] ? there will be no duty in respect

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work