Void agreements are those that are considered null and void from the outset. These agreements are not enforceable by law, and their terms are deemed to have no legal effect. There are various types of void agreements, and different laws govern them depending on their nature. In this article, we will explore the different types of void agreements and the reasons why they are considered null and void.
1. Agreements made under coercion or undue influence
Agreements made under coercion or undue influence are considered void ab initio. Coercion refers to the use of force or threats to obtain agreement, while undue influence involves taking advantage of a weaker party by persuasion or manipulation. Agreements made under these conditions are not considered genuine consent by law, and as such, they are considered null and void.
2. Agreements made by minors
Agreements made by minors are considered void ab initio, as minors are not legally competent to enter into a contract. A minor is deemed to lack the capacity to understand the terms and consequences of an agreement, and as such, they cannot be held liable for any obligations that arise from the contract.
3. Agreements made without free consent
An agreement made without free consent is considered void ab initio. Consent is considered free when it is not obtained through fraud, misrepresentation, or mistake. In such cases, the terms of the agreement are considered to have been agreed upon under false pretenses and will be deemed void.
4. Agreements made against public policy
Agreements made against public policy are considered void ab initio. Public policy refers to the principles and values that underpin society. Any agreement that contravenes these principles and values will be considered null and void. For example, agreements that promote gambling, prostitution, or other illegal activities are deemed to be against public policy and will be considered void.
5. Agreements with unlawful consideration
Agreements with unlawful consideration are considered void ab initio. Consideration refers to the exchange of something of value between the parties to the agreement. In cases where the consideration involves an illegal act or is against public policy, the agreement will not be enforceable by law, and its terms will be deemed null and void.
In conclusion, void agreements are those that are considered null and void from the outset. The different types of void agreements include agreements made under coercion or undue influence, agreements made by minors, agreements made without free consent, agreements made against public policy, and agreements with unlawful consideration. Understanding these types of void agreements is crucial to avoiding legal complications and ensuring that one`s agreements are enforceable by law.