A void agreement or contract is one that is deemed unenforceable by law. This means that the agreement or contract is considered invalid, and parties involved cannot enforce provisions within it, nor can they seek remedies for any breaches. It is important to understand the different types of void agreements and contracts to avoid entering into such agreements and to avoid legal troubles.
The main types of void agreements and contracts are as follows:
1. Agreements by minors: Minors are people below the age of majority. When a minor enters into a contract, it is considered void as they do not have the legal capacity to enter into contracts. However, certain contracts such as employment contracts are exceptions to this rule.
2. Agreements made under duress: When a person is forced to enter into an agreement against their will, they are said to have entered into the agreement under duress. Such agreements are considered void as they are not voluntary and are therefore not binding.
3. Agreements made under undue influence: Undue influence takes place when one party to a contract exerts excessive influence on the other party to enter into the agreement. For instance, a doctor may influence a patient to enter into a contract for medical services that the patient does not require. Such agreements are considered void.
4. Agreements that are illegal: Where an agreement involves an act which is illegal, the agreement is considered void. For example, a contract to sell illegal drugs is void.
5. Agreements entered into without free consent: Free consent is a fundamental requirement for the validity of any agreement. When parties enter into a contract under coercion, fraud, misrepresentation, or mistake, the agreement is considered void.
6. Agreements opposite to public policy: Agreements that contravene public policy are considered void. For instance, a contract that seeks to restrict competition in an industry by imposing a non-compete clause that is unreasonable in scope is void.
In conclusion, it is essential to understand the different types of void agreements and contracts to avoid the pitfalls that can arise from entering into such agreements. Always seek legal advice before entering into any contractual agreement to ensure that it is valid and enforceable.