An agreement not enforceable by law is said to be voidable. This means that the agreement can be declared null and void by one or more of the parties involved, even though it may have been validly executed. Voidable agreements are often confused with void agreements, but the two are quite different.
A void agreement is one that is not enforceable by law from the very beginning. For example, an agreement to do something illegal or against public policy is void from the very beginning and cannot be enforced by any court. A contract that is entered into under duress or with a minor is also void.
On the other hand, a voidable agreement is one that is initially enforceable but can be legally voided or declared null and void by one or more of the parties involved. Common examples of voidable contracts include contracts entered into under fraud, undue influence, or misrepresentation. In such cases, the innocent party can either rescind the contract or continue with it and sue for damages.
For example, if an individual is induced to enter into a contract under fraudulent pretenses, he or she may choose to rescind the contract and sue for damages. In such a case, the fraudulent party may be liable for the harm caused by his or her misrepresentation.
The concept of voidable agreements is particularly important in contract law. In order for a contract to be enforceable, it must meet several requirements. First, there must be mutual agreement between the parties. Second, there must be consideration, meaning that each party must receive something of value in exchange for their promise. Third, the agreement must be legal and not against public policy.
However, if one of the parties is induced to enter into the contract under duress, undue influence, misrepresentation, or fraud, the contract may be declared null and void. This is because the contract was not entered into freely and willingly, which undermines the very essence of a contract.
In conclusion, an agreement not enforceable by law is said to be voidable. This means that the agreement can be declared null and void by one or more of the parties involved, even though it may have been validly executed. Common examples of voidable contracts include contracts entered into under fraud, undue influence, or misrepresentation. Understanding the concept of voidable contracts is essential in contract law and can help prevent disputes and legal issues down the road.