Introduction
There is a difference between void and voidable contracts. Most of the time, people come to make mistakes between a void contract and a voidable contract, and as a result of that, they have to face problems legally. They need to have a clear concept of both of them separately. Even people have to keep clear working needs for both of the contracts.
According to the provisions of the Indian Contract Act, there is some difference between a void contract and a voidable contract. It is good to remember that the law regarding contracts in India is governed by the Indian Contract Act, 1872. Generally, this particular law is preserved for the custom of any industry or trade. But it is sorry to say that the law of contract is not able to take care of the whole agreement as most of the agreements do not fulfil the requirement of a contract.
For your benefit, today you just keep your eyes on this page for a little bit of time, as this article will give information about the definition of each and the difference between them. Just take a look below.
What is a void contract?
Generally, contracts come as void when they cannot be enforced by some other persons. It is a contract that will not be used legally. The court looks at it very carelessly. In a word, a void contract is not a legal contract and it is not enforced by the court but it contracts only.
That means not every legal contract is a void contract, but a void contract may or may not be a legal contract. You need to keep your eyes on the points below.
- The contract involves illegal activity
- It goes against public policy
- It involves an illegal party.
- It is impossible to perform lawfully.
What Is a Voidable Contract?
Voidable contracts are completely valid agreements but one or both can void the contract at wish. That means one party cannot be forced to believe its validity. In the contract, there must not be enforceability if one party is a minor or mental patient.
Generally, Voidable contracts come in working condition when one party is bound to give services and the other has more power. The voidable contract must follow some rules. Without specific language, the contract is written so that both parties can easily void the contract. Just look at the brief information given below.
- It is fraud or misrepresentation
- The terms are unconscionable
- Mutual mistake.
Example of Voidable Contract
Suppose if it is to be done that ‘A’ threatens ‘B’ to enter into a contract for selling a piece of land to ‘A’ at Rs. 1. Here the contract is voidable from B and B can choose either selling the land to A at the agreed price or B can come to avoid the contract approaching a court.
Easy understanding of the difference between Void contracts and voidable contracts
Void Contract vs Voidable Contract
Void Contract |
Voidable Contract |
| 1. In a void contract, no obligation or right arises to the parties from a valid contract. These types of contracts are unlawful. | 1. This particular contract can be voided at the option of one party, or at the desire of one party to rescind or continue. |
| 2. A void contract may create illegal liabilities. | 2. It remains valid unless and until rescinded. |
| 3. A contract does not carry any rights. | 3. The contract has an enforceable right unless it is not essential. |
| 4. The contract becomes void if the contract ceases to be enforceable.
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4. A contract becomes voidable only if the consent to the agreement is obtained by coercion, undue influence, or misrepresentation. |
| 5. A void contract cannot be validated through the consent of the parties. | 5. This contract becomes valid for the party who has the right to rescind the agreement. |
So go through the information mentioned above and understand the exact importance of the two. Then you can make your work easier and more comfortable.
Read More:
What is a Void and Voidable Contract?
Difference Between Void Agreement and Void Contract: Essential Guide (Updated 2026)
10 Essential Elements of a Valid Contract: Example & Importance
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