Void And Voidable - Law Dictionary Search Results
Duress
upon it must be tortious and unlawful. By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a
Trade Union
shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.' S. 4. 'Nothing in this Act shall enable any court to entertain
standard mortgage clause
contract between the insurer and mortgagee under which the mortgagee can collect payment even if the policy is void or voidable with regard to the insured (as because of fraud or nonpayment) called also union mortgage clause
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Consent
it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954)
Lyndhurst's (Lord) Act
6 Wm. 4, c. 54) rendered marriages within the prohibited degrees of consanguinity or affinity absolutely null and void. Theretofore such marriages were voidable merely. See MARRIAGE.
Drunkenness
if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was … made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not
Mutual promises
Mutual promises, concurrent considerations, which will support each other, unless one or the other be void; in which case, there being no consideration on the one side, no contract can arise. But if the … consideration on the one side, no contract can arise. But if the promise on one side be only voidable, as in consideration of money given or of a promise by an infant, it is sufficient. Mutual promises,
Nullus commodum capere potset de injuria sua propria
thereupon, even though the proviso be that the term shall cease, or that the lease shall be utterly void for all purposes, only makes the lease voidable at the option of the lessor.
Marriage, Promise of
1934 (24 & 25 Geo. 5, c. 41), s. 1 (2) (b). A promise by an infant is voidable and cannot be enforced unless renewed by him after he attains his majority, Ditcham v. Worrall, (1880) 5
Fraudulent conveyances, Statutes against
provides that every conveyance of property made either or before 1925 with intent to defraud creditors shall be voidable at the instance of any person thereby prejudiced, but the s. does not affect disentailing assurances or the
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