Characteristics of Void Agreement

Void agreements are contracts that are not legally binding and have no legal effect. These contracts are not enforceable by law and are considered null and void. In this article, we will explore the characteristics of a void agreement.

1. Lack of legal capacity

One of the key characteristics of a void agreement is the lack of legal capacity of one or both parties. For instance, if one party is a minor, mentally incompetent, or intoxicated during the signing of the contract, the agreement is considered void.

2. Contravention of law

If a contract is in contravention of the law, it is considered void. For instance, if a contract is about an illegal act like drug trafficking or prostitution, it cannot be enforced by law.

3. Absence of free consent

Another characteristic of void agreements is the absence of free consent. If one party was coerced or forced into entering into the contract, it cannot be enforced by law. Mutual assent is an essential part of a contract, and if it is missing, the agreement is void.

4. Uncertainty

If a contract contains uncertain or ambiguous terms, it is considered void. For instance, if the terms of the agreement are vague or open to interpretation, it cannot be enforced by law.

5. Impossibility of performance

If a contract cannot be performed due to unforeseen circumstances or events, it is considered void. For instance, if the subject matter of the contract is destroyed or lost before the performance of the agreement, it cannot be enforced by law.

In summary, void agreements have no legal effect and are not enforceable by law. Contracts become void due to the absence of legal capacity, contravention of the law, absence of free consent, uncertainty, and impossibility of performance. It is essential to ensure that a contract is valid and legally binding before entering into any agreement.