In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ab initio, which means "to be treated as invalid from the outset", comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio. The frequent combination "null and void" is a legal doublet.
The term is frequently used in contradistinction to the term "voidable" and "unenforceable".
Void. Null; ineffectual; nugatory; having no legal force or binding effect; unable, in law, to support the purpose for which it was intended.
In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value.[2]
Black's Dictionary further goes on to define 'void ab initio' as:[citation needed]
Void ab initio. A contract is null from the beginning if it seriously offends law or public policy in contrast to a contract which is merely voidable at the election of one of the parties to the contract.
In practical terms, 'void' is usually used in contradistinction to 'voidable' and 'unenforceable', the principal difference being that an action which is voidable remains valid until it is avoided.
Significanceedit
The significance of this usually lies in the possibility of third party rights being acquired in good faith. For example, in Cundy v Lindsay (1878), a fraudster using the name Blenkarn posed as a retailer and induced Lindsay & Co to deliver 250 dozen linen handkerchiefs to him. Blenkarn then sold the handkerchiefs on to an innocent third party, Cundy, but Lindsay was never paid. Lindsay, claiming ownership of the handkerchiefs, sued Cundy for their return. If the contract of sale to Blenkarn was held to be voidable for fraud, then Lindsay & Co would only have recourse against the insolvent Blenkarn. However, if (as was held) the contract of sale was void ab initio, then the title did not pass from Lindsay to Blenkarn in the first place, and Lindsay could claim back the handkerchiefs from Cundy as their property. Cundy was left with only a claim against the insolvent Blenkarn.
In every case, third parties involved with bad faith in void or voidable contracts not only are affected by nullity, but may also be liable for statutory damages.
However, the right to avoid a voidable transaction can be lost (usually lost by delay). These are sometimes referred to as "bars to rescission". Such considerations do not apply to matters affected by absolute nullity, or void ab initio.
^U.S. Comptroller General, B-211213: The Department of Labor -- Request for Advance Decision, published 21 April 1983, accessed 1 September 2022
February 15, 2024
void, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, article, need, reorganization, comply, with, wikipedia, layout, guidelines, please, help, editing, article, . This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article may be in need of reorganization to comply with Wikipedia s layout guidelines Please help by editing the article to make improvements to the overall structure November 2014 Learn how and when to remove this template message This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Void law news newspapers books scholar JSTOR May 2011 Learn how and when to remove this template message Learn how and when to remove this template message In law void means of no legal effect An action document or transaction which is void is of no legal effect whatsoever an absolute nullity the law treats it as if it had never existed or happened The term void ab initio which means to be treated as invalid from the outset comes from adding the Latin phrase ab initio from the beginning as a qualifier For example in many jurisdictions where a person signs a contract under duress that contract is treated as being void ab initio The frequent combination null and void is a legal doublet The term is frequently used in contradistinction to the term voidable and unenforceable Contents 1 Definitions 2 Significance 3 See also 4 ReferencesDefinitions editBlack s Law Dictionary defines void as 1 Void Null ineffectual nugatory having no legal force or binding effect unable in law to support the purpose for which it was intended In the case of a contract this means there is no legal obligation therefore there can be no breach of contract since the contract is null but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value 2 Black s Dictionary further goes on to define void ab initio as citation needed Void ab initio A contract is null from the beginning if it seriously offends law or public policy in contrast to a contract which is merely voidable at the election of one of the parties to the contract In practical terms void is usually used in contradistinction to voidable and unenforceable the principal difference being that an action which is voidable remains valid until it is avoided Significance editThe significance of this usually lies in the possibility of third party rights being acquired in good faith For example in Cundy v Lindsay 1878 a fraudster using the name Blenkarn posed as a retailer and induced Lindsay amp Co to deliver 250 dozen linen handkerchiefs to him Blenkarn then sold the handkerchiefs on to an innocent third party Cundy but Lindsay was never paid Lindsay claiming ownership of the handkerchiefs sued Cundy for their return If the contract of sale to Blenkarn was held to be voidable for fraud then Lindsay amp Co would only have recourse against the insolvent Blenkarn However if as was held the contract of sale was void ab initio then the title did not pass from Lindsay to Blenkarn in the first place and Lindsay could claim back the handkerchiefs from Cundy as their property Cundy was left with only a claim against the insolvent Blenkarn In every case third parties involved with bad faith in void or voidable contracts not only are affected by nullity but may also be liable for statutory damages However the right to avoid a voidable transaction can be lost usually lost by delay These are sometimes referred to as bars to rescission Such considerations do not apply to matters affected by absolute nullity or void ab initio See also editLegal nullityReferences edit Void Black s Law Dictionary 2nd edition U S Comptroller General B 211213 The Department of Labor Request for Advance Decision published 21 April 1983 accessed 1 September 2022 Retrieved from https en wikipedia org w index php title Void law amp oldid 1162595917, wikipedia, wiki, book, books, library,
