Void Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Void, written in plain English, along with examples of how it is used.
What is Void?
(Adj) A law, agreement, ruling or order is said to void when it is not enforceable by any event stopping its implementation. It can become void by intervention of a higher authority or when it is against the constitution or other statutory provisions. An order becomes void when it is impractical to follow it. A contract can become void when it is entered by person who is not competent to do so like a contract with a minor or a contract with out consideration. Void means not enforceable.
History and Meaning of Void
The term "void" in legal language, refers to a contract, agreement, or law that is considered unenforceable, invalid, or without legal effect. This means that it cannot be enforced in a court of law, and it is as if it never existed or took place. When something is void, it is as if it was nullified from the beginning.
Generally, a void contract is one that lacks legal capacity or has been performed under unlawful, fraudulent, or unconscionable circumstances. A void ruling or order may occur due to a conflict with higher laws, a violation of procedural requirements, or because it attempts to go beyond the authority granted by the court or magistrate.
Examples of Void
An underage person signs a contract to buy a car. The contract is void, as a minor does not have the legal capacity to enter into a contract.
A court order that directs a person to do something illegal is void, as it is contrary to the law and public policy.
A clause in a contract that restricts free speech may be void, as it is in violation of constitutional rights.
A will that was entered into under undue influence or fraud may be declared void and unenforceable by a court.
Legal Terms Similar to Void
Voidable: A contract or agreement that can be voided at the option of one of the parties involved due to fraud, misrepresentation, duress, or undue influence.
Null and Void: A term used to denote a document, contract, or transaction that is completely without legal effect.
Rescission: A remedy in which a contract is cancelled so that both parties are restored to the positions they were in before entering into the agreement.