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DIFFERENCE BETWEEN VOID AGREEMENT AND VOIDABLE CONTRACT
BASIS OF DIFFERENCE
VOID AGREEMENT
VOIDABLE CONTRACT It is valid when made and
Void ab-intio
It is void from the very
continues to remain valid
beginning
till it is repudiated by the aggrieved party.
Which essential element of contract is missing
It is void because an essential
It is voidable because the
element of a valid contract is
consent of a party is not
missing
free. It continues to be
Enforceability
It cannot be enforced by any
enforceable if the
party
aggrieved party does not repudiate the contract. A third party who purchases goods in good
Right of third party
Third party does not acquire
faith and for consideration
any rights.
before the contract is repudiated acquires good title of those goods. On the expiry of
Effect of lapse of reasonable time
Even on the expiry of a reasonable time, it can never become a valid contract.
reasonable time, it may be come a valid contract, if the aggrieved party does not repudiate the contract within reasonable time.
Damage
The question of damages
The aggrieved party can
does not arise.
claim damages.
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