Voidable Contract - Law Dictionary Search Results
Home Dictionary Name: voidable contractVoidable contract
Voidable contract, An agreement which is enforce-able by law after option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract.. [Contract Act, 1872 (9 of 1872), s. 2(i)]...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract 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 void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
confirmation
confirmation 1 : the act or process of confirming, assuring, or upholding [seeking of the agreement] ;specif : the ratification of an executive act by a legislative body [senate of the Supreme Court nominee] 2 : something that confirms: as a : an express or implied contract by which a person makes a voidable agreement binding ;specif : a definite expression or written memorandum that verifies or substantiates an agreement previously made orally or informally b in the civil law of Louisiana : a declaration whereby a person corrects the parts of an obligation that are null to make them enforceable c : a conveyance by which valid title to an estate is transferred to a person already in possession or by which an estate is increased ...
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent 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 special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Particulars of sale
Particulars of sale, description of property offered for sale by auction. The property should be described with as much minuteness and accuracy as possible. It is the duty of a vendor to make himself duly acquainted with the peculiarities and incidents of the property he is going to sell; and when he describes it for the information of the purchaser to describe everything material to be known in order to judge of its nature and value, and on the sale of a partial interest, any substantial variation from the description will even at law render the contract voidable, see Flight v. Booth, (1834) 1 Bing NC 77, per Tindal, C.J. If there be anything connected with the property important to be known which cannot be discerned or may be misapprehended by ocular inspection, it ought to be stated in the particulars: see Dav. Prec. Conv. Vol. i. On the sale of property of any considerable size the particulars are usually accompanied by a plan. In sales by auction the conditions of sale are general...
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 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, however, to be obligatory, must be made simultaneously. If they be made at different times on the same day they will not be a good consideration for each other because of the want of reciprocity of obligation at the moment the contract is made, Story on Contracts...
voidable
voidable : capable of being voided ;specif : subject to being declared void when one party is wronged by the other [a contract] void·abil·i·ty [vȯi-də-bi-lə-tē] n ...
compulsion
compulsion 1 : an act of compelling (as by threat or intimidation) ;specif : coercion [a payment exacted by lawless "E. A. Farnsworth and W. F. Young"] 2 : the state of being compelled ;specif : duress NOTE: Compulsion can make a contract voidable or be a ground for damages or restitution. Compulsion may also be a defense to a criminal act. ...
duress
duress [Anglo-French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard] : wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will : coercion ;also : the affirmative defense of having acted under duress see also economic duress compare necessity, undue influence NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress. ...
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