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
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