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Voidable
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ''ab initio'' (or void from the outset) and unenforceable. Definition The act of invalidating the contract by the party exercising its rights to annul the voidable contract is usually referred to either as ''voiding'' the contract (in the United States and Canada) or ''avoiding'' the contract (in the United Kingdom, Australia and other common law countries). '' Black's Law Dictionary'' (relevant to US law) defines voidable as follows: Right to rescind Generally speaking, one party will have the right to elect whether to annul the transaction or to affirm it. The avoiding of a voidable transaction amounts to the rescinding it or exercising a power of rescission and as such, it is subject to the general law in that regard. The right to rescind can be lost. In common law, there are generally said to be four "b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
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". Definitions '' Black's Law Dictionary'' defines 'void' as: 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 val ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voidable Marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage. History The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the right to and disposition of property. Common reasons that would make a marriage voidable include those that indicate either party to the marriage did not validly consent, such as duress, mistake, intoxication, or mental defect. The validity of a voidable marriage can only be ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voidable Contract
A voidable contract, unlike a void contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties. At most, one party to the contract is bound. The unbound party may repudiate (reject) the contract, at which time the contract becomes void. Typical grounds for a contract being voidable include coercion, undue influence, mental incompetence, intoxication, misrepresentation or fraud. A contract made by a minor is often voidable, but a minor can only avoid a contract during his or her minority status and for a reasonable time after he reaches the age of majority. After a reasonable period of time, the contract is deemed to be ratified and cannot be avoided.US Legal, Inc.Contract by a minor accessed 23 February 2016 Other examples would be real estate contracts, lawyer contracts, etc. When a contract is entered into without the free consent of the party, it is considered a voidable contract. The definition of the act states that a voidab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
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". Definitions '' Black's Law Dictionary'' defines 'void' as: 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 val ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Brooks
''Phillips v Brooks Ltd'' 9192 KB 243 is an English contract law case concerning mistake. It held that a person is deemed to contract with the person in front of them unless they can substantially prove that they instead intended to deal with someone else (see also Shogun Finance Ltd v Hudson). Facts On 15 April 1918, a man named North entered Phillips' jewellery shop and said, "I am Sir George Bullough". He wrote a dud cheque for £3000 to pay for some pearls and a ring. He said he lived in St. James's Square. Mr Phillips checked the phone directory and found there was someone there by that name. Mr Phillips asked if he would like to take the jewellery with him and Mr North said he would leave the pearls but take the ring 'for his wife's birthday tomorrow'. Mr North then pawned the ring to Brooks Ltd for £350. When the false cheque was dishonoured, Phillips sued Brooks Ltd to get the ring back. Note that there are conflicting reports showing that Mr North identified himself ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unenforceable
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or ''void ab initio'') and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not. An "agreement to agree", where a purported contract contains an obligation to enter into a subsequent agreement in the future, the terms of which are not certain at the time of the initial agreement, is generally considered to lack sufficient certainty to constitute a legally enforceable contract and is therefore unenforceable. However, an agreement under which "the parties contemplate entering into a further, more formal, agreement later" may be enforceable. Prostitution An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, but both soliciting a prostitute and living ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void Ab Initio
Void may refer to: Science, engineering, and technology * Void (astronomy), the spaces between galaxy filaments that contain no galaxies * Void (composites), a pore that remains unoccupied in a composite material * Void, synonym for vacuum, a space containing no matter * Void, a bubble within a mechanical part that causes cavitation when it collapses * Void, an unwanted air pocket formed during injection moulding * VoID or Vocabulary of Interlinked Datasets, an RDF vocabulary to enable the discovery and use of linked data sets * Void coefficient, the change in the reactivity of a nuclear reactor when voids form in moderator or coolant fluids * Void Linux, a Linux distribution * Void ratio, the volume of void-space to solid space in a material * Void safety, in object-oriented programming, a guarantee that no object references will have null values * Void type, in programming languages, a keyword indicating the absence of data * Void set or empty set, the mathematical set with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leaf V International Galleries
''Leaf v International Galleries'' 9502 KB 86 is an English contract law case concerning misrepresentation, mistake and breach of contract, and the limits to the equitable remedy of rescission. Facts ''Salisbury Cathedral'' by John Constable was what Ernest Louis Leaf thought he was buying on 8 March 1944 from International Galleries. International Galleries said it was a Constable. Leaf paid £85. Five years later when he tried to auction it, Leaf was told that it was not a Constable. He claimed rescission of the contract against International Galleries, to get back his money. Judgment Denning LJ held that Mr Leaf was barred because too much time had lapsed. He held that in the event of lapse of too much time between the making of the contract and the decision to rescind, the right to rescind is lost. He held there was a mistake about the quality of the subject matter because both parties believed the picture to be a Constable, and that mistake was fundamental. But it was no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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