A void contract is a legal agreement that is considered to be null and void from the very beginning. In other words, a void contract is not just unenforceable, it is considered never to have existed in the first place. This is in contrast to a voidable contract, which is a contract that is valid but can be voided by one party.
A void contract can arise for a variety of reasons. For example, a contract may be void if it is illegal, such as if it involves illegal activity or violates public policy. Additionally, a contract may be void if it is not properly formed, such as if it is missing essential terms or if one party lacked the capacity to enter into the agreement.
One important thing to note is that a void contract cannot be ratified or enforced by either party. This means that neither party has the legal right to enforce the terms of the contract or to seek damages for any breach of the agreement. However, if one party has already performed under the void contract, they may be entitled to restitution or compensation for the value of their performance.
It is important to distinguish a void contract from a voidable contract. A voidable contract is a legal agreement that is valid but can be voided at the discretion of one of the parties. For example, a contract may be voidable if one party was under duress or if they lacked the capacity to enter into the agreement. Unlike a void contract, a voidable contract can be enforced by either party until it is voided.
In conclusion, a void contract is a legal agreement that is considered null and void from the very beginning. This can happen for a variety of reasons, such as if it is illegal or not properly formed. It is important to distinguish a void contract from a voidable contract, which is a contract that is valid but can be voided by one of the parties. If you believe you have entered into a void or voidable contract, you should seek legal advice to understand your rights and options.