Void: Overview, definition and example
What does void mean?
Void refers to something that is legally invalid or unenforceable from the start. A void contract, for example, has no legal effect and cannot be enforced by either party. It’s as if the contract never existed in the eyes of the law.
For example, a contract to perform illegal activities, like smuggling goods, would be void because it violates the law.
Why is void important?
The concept of void is important because it ensures that agreements or actions that violate laws or essential legal principles cannot be enforced. This protects people and businesses from being bound by contracts that are fundamentally flawed, unfair, or unlawful.
Understanding when a contract is void helps businesses avoid wasting time and resources on agreements that have no legal standing. It also highlights the importance of drafting contracts carefully to ensure their enforceability.
Understanding void through an example
Imagine two companies agree to a contract for selling goods, but one party later discovers that the other company didn’t legally exist at the time of signing. Since a valid contract requires legitimate parties, this agreement would be void from the outset.
In another case, a landlord and tenant sign a lease, but the property turns out to lack proper zoning approval for residential use. Because the agreement relies on an illegal activity—living in an unapproved area—the lease could be declared void.
An example of a void clause
Contracts typically include clauses to clarify their enforceability and avoid being void. For example:
“If any provision of this Agreement is found to be void or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.”
Conclusion
Void means legally invalid or unenforceable, often because a contract violates laws, lacks key elements, or involves illegal activities. A void contract holds no legal weight and cannot be enforced by either party.
By understanding the concept of void, businesses can identify and avoid agreements that lack legal standing, ensuring their contracts are valid, enforceable, and aligned with the law.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.