What is the difference between a voidable and void contract?

A voidable contract is one that is legally valid. There must be an offer that is accepted (Carlill Smoke Co [1893]), there must be the intention to create legal relations (Esso v Customs and Excise [1976), there must be consideration (Thomas v Thomas (1892)) passing from the promisee (Twedle v Atkinson (1861)), that must be sufficient, but not necessarily adequate (Chappell v Nestle [1960]).A void contract is one that is missing one or more of these elements, and is therefore is void; no contract ever existed.

JD

Related Law A Level answers

All answers ▸

What is Strict Liability?


Discuss the extent to which the rules on intention to create legal relations are in need of reform (OCR H415/03 Specimen Paper).


Critically analyse the offence of assault occasioning actual bodily harm under s 47 of the Offences Against the Person Act 1861.


Outline criticisms surrounding the current law on murder.