Voidable Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Voidable, written in plain English, along with examples of how it is used.

What is Voidable?

(Adj) A voidable contract or rule or agreement is the one which is not automatically void but an affected party or authorized person can declare it void at a later stage. So unless it is declared void it is enforceable. A voidable contract gives an option to the parties effected to convert it as void or not.

History and Meaning of Voidable

Voidable generally means something that is valid for the time being but can be declared void by one of the parties affected by it. This term is commonly used in the legal field, often in the context of contracts. A voidable contract is one that may be declared unenforceable, but only by one of the parties involved. In most cases, the ability to void a contract is time-limited, and the contract becomes automatically enforceable after a certain period has passed.

The concept of voidable contracts dates back centuries. In English common law, for example, contracts entered into under duress or while one party was in a position of undue influence were considered voidable. It was up to the party who was affected by the undue influence or duress to declare the contract void.

Examples of Voidable

  1. A contract signed by a person who was under the influence of drugs or alcohol may be considered voidable if that person can prove that they were not of sound mind when they signed it.

  2. If a person was forced into signing a contract under duress, they may have the option to declare the contract voidable later on.

  3. An agreement made by a minor is considered voidable. This means that the minor can choose to void the agreement when they reach adulthood.

Legal Terms Similar to Voidable

  1. Void: An agreement that is automatically unenforceable from the beginning.

  2. Unenforceable: An agreement that may be valid, but cannot be enforced by the courts.

  3. Rescission: The process of voiding a contract or agreement.

  4. Duress: The use of force, coercion, or threats to compel another person to act in a way they would not have otherwise.

  5. Undue Influence: A situation in which one party to a contract has an unfair advantage over the other, such as a trusted adviser using their influence to persuade a vulnerable person to sign a contract that is not in their best interests.