You Have A Contract! Or Do You? Voidable Contracts
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Bob Miles
Apr 19, 2013, 3:10:02 PM4/19/13
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Please consider this free-reprint article written by:
Bob Miles
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Article Title: You Have A Contract! Or Do You? Voidable Contracts
Author: Bob Miles
Word Count: 370
Article URL: http://www.isnare.com/?aid=145221&ca=Legal
Format: 64cpl
Contact The Author: http://www.isnare.com/eta.php?aid=145221
Easy Publish Tool: http://www.isnare.com/html.php?aid=145221
*********************** ARTICLE START ***********************
You have a contract, right? Well, maybe. But then again, maybe not. There are several ways to have a contract declared void (as if it never existed in the first place) or voidable (declared void at the option of the aggrieved party). These loopholes include (but are certainly not limited to), lack of legal intention, lack of legal capacity (a child, for example), lack of true consent (fraud, duress, etc.), and illegal object of the contract (a contract for prostitution, for example).
Lack of legal intention: This means that a contracting party makes a promise without intending to be legally bound by it, as in the case of simply making a statement of intention. Legal intention is judged not on the party�s subjective state of mind, but upon that party�s acts � did the other person reasonably believe that the party intended to be legally bound. That�s why you can�t sue your sweetheart for standing you up for the Hawaii cruise - even though she swore she�d be there.
Lack of legal capacity: �Infants� (minors under 18 years old) normally do not have the legal capacity to enter a contract. Legally insane persons, some retarded persons, and sometimes even drunk persons lack legal capacity. They can enter into a contract, but watch out � they have the right to void the contract if they want to. The most common way this plays out is where a contract is signed in the name of a corporation that doesn�t actually exist, usually due to some defect in its legal formation (note that if fraud was involved, this defense to contract formation might not be available).
Lack of true � consent True consent is not present if a party secures promise from the other party by misrepresentation, fraud, or duress (a gun to the head, for example).
Illegal object � The object of the contract must be legal � you cannot contract to perform illegal acts, so forget about suing your hit man after you paid him the money and he failed to off your wife. Likewise contracts for prostitution (whether written or oral) or gambling (in jurisdictions where this is illegal) are not enforceable.
About The Author: �Contracts� at http://contractsguide.blogspot.com offers readers information about all types of contracts, especially how to write a contract. See also http://contractsguide.blogspot.com/2007/03/contract-boilerplate-examples-and_30.html.
Please use the HTML version of this article at:
http://www.isnare.com/html.php?aid=145221
*********************** ARTICLE END ***********************
- To distribute your articles go to http://www.isnare.com/distribution.php
- For more free-reprint articles go to http://www.isnare.com
Message delivered directly to members of the group:
publish-the...@googlegroups.com
*****************************************************************
Please consider this free-reprint article written by:
Bob Miles
*****************************
IMPORTANT - Publication/Reprint Terms
- You have permission to publish this article electronically in free-only publications such as a website or an ezine as long as the bylines are included.
- You are not allowed to use this article for commercial purposes. The article should only be reprinted in a publicly accessible website and not in a members-only commercial site.
- You are not allowed to post/reprint this article in any sites/publications that contains or supports hate, violence, porn and warez or any indecent and illegal sites/publications.
- You are not allowed to use this article in UCE (Unsolicited Commercial Email) or SPAM. This article MUST be distributed in an opt-in email list only.
- If you distribute this article in an ezine or newsletter, we ask that you send a copy of the newsletter or ezine that contains the article to http://www.isnare.com/eta.php?aid=145221
- If you post this article in a website/forum/blog, ALL links MUST be set to hyperlinks and we ask that you send a copy of the URL where the article is posted to http://www.isnare.com/eta.php?aid=145221
- We request that you ask permission from the author if you want to publish this article in print.
The role of iSnare.com is only to distribute this article as part of its Article Distribution feature ( http://www.isnare.com/distribution.php ). iSnare.com does NOT own this article, please respect the author's copyright and this publication/reprint terms. If you do not agree to any of these terms, please do not reprint or publish this article.
*****************************
Article Title: You Have A Contract! Or Do You? Voidable Contracts
Author: Bob Miles
Word Count: 370
Article URL: http://www.isnare.com/?aid=145221&ca=Legal
Format: 64cpl
Contact The Author: http://www.isnare.com/eta.php?aid=145221
Easy Publish Tool: http://www.isnare.com/html.php?aid=145221
*********************** ARTICLE START ***********************
You have a contract, right? Well, maybe. But then again, maybe not. There are several ways to have a contract declared void (as if it never existed in the first place) or voidable (declared void at the option of the aggrieved party). These loopholes include (but are certainly not limited to), lack of legal intention, lack of legal capacity (a child, for example), lack of true consent (fraud, duress, etc.), and illegal object of the contract (a contract for prostitution, for example).
Lack of legal intention: This means that a contracting party makes a promise without intending to be legally bound by it, as in the case of simply making a statement of intention. Legal intention is judged not on the party�s subjective state of mind, but upon that party�s acts � did the other person reasonably believe that the party intended to be legally bound. That�s why you can�t sue your sweetheart for standing you up for the Hawaii cruise - even though she swore she�d be there.
Lack of legal capacity: �Infants� (minors under 18 years old) normally do not have the legal capacity to enter a contract. Legally insane persons, some retarded persons, and sometimes even drunk persons lack legal capacity. They can enter into a contract, but watch out � they have the right to void the contract if they want to. The most common way this plays out is where a contract is signed in the name of a corporation that doesn�t actually exist, usually due to some defect in its legal formation (note that if fraud was involved, this defense to contract formation might not be available).
Lack of true � consent True consent is not present if a party secures promise from the other party by misrepresentation, fraud, or duress (a gun to the head, for example).
Illegal object � The object of the contract must be legal � you cannot contract to perform illegal acts, so forget about suing your hit man after you paid him the money and he failed to off your wife. Likewise contracts for prostitution (whether written or oral) or gambling (in jurisdictions where this is illegal) are not enforceable.
About The Author: �Contracts� at http://contractsguide.blogspot.com offers readers information about all types of contracts, especially how to write a contract. See also http://contractsguide.blogspot.com/2007/03/contract-boilerplate-examples-and_30.html.
Please use the HTML version of this article at:
http://www.isnare.com/html.php?aid=145221
*********************** ARTICLE END ***********************
- To distribute your articles go to http://www.isnare.com/distribution.php
- For more free-reprint articles go to http://www.isnare.com
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