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Void Contract

Candlefocus Editor

While void contracts may not be legally enforceable, this doesn't mean the contract can't be binding in a sense. For example, if two parties sign an agreement to engage in an unwarranted transaction, the contracting parties may still be bound by the terms of the agreement, even though it is a void contract. 4In effect, a void contract cannot legally be enforced in a court of law. In most cases, it will be impossible to get a judgement during a legal proceeding. Due to their lack of enforceability, void contracts are widely deemed as incredibly risky, regardless of the agreement involved. 5At times, a void contract can be re-written. This process involves having an alternate contract drawn up and signed, preferably with the same stipulations of the original contract. When rewritten in such a fashion, the new contract instantly replaces the original contract—essentially rendering it void. 6

A void contract is a formally established agreement that is rendered completely invalid and unenforceable from the moment it is created. Void contracts are distinct in comparison to voidable contractual agreements that can be nullified for similar reasons. A contract may be declared void if it fails to comply with the necessary legal elements for enforceability as outlined in the initial document.

Common issues that can render a contract void include: one of the involved parties being unable to adequately comprehend the implications of the agreement due to physical, mental, or emotional limitations; agreements that have been made with minors; and agreements that extend to engaging in any activity deemed illegal by society.

Technically, a void contract does not have any real legal standing under the negotiation terms between the parties involved. This means that parties cannot partake in a legal hearing with the intentions of obtaining a judgment to enforce the agreement. Regardless of the implications of the agreement, void contracts should always be avoided, due to their capacity to create a plethora of complications and hardships.

Sometimes, it is possible to rewrite a formerly void contract. To properly reconstruct the contract, the same parameters that had been outlined initially must be included. This way, the contract is then considered anew and the former document is effectively voided. However, it is important to note that not all void contracts can be rewritten, and caution should be taken to determine the proper steps to take in this direction.

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