Void Agreement and Free Consent: What You Need to Know
In legal terms, a contract is an agreement between two or more parties that creates a legally binding obligation. However, not all agreements are legally binding, and not all binding agreements are ethical. Understanding the concepts of void agreement and free consent is essential to ensure that your contracts are enforceable and ethical. Here`s what you need to know:
Void Agreement
A void agreement is an agreement that is not legally enforceable. There are several reasons why an agreement may be void. For instance, an agreement may be void if it is entered into with a minor or someone who lacks the mental capacity to enter into a contract. Similarly, an agreement may be void if it is contrary to law. For example, an agreement to commit a crime is void because it is illegal.
A void agreement is considered to be invalid from the outset, which means that it has no legal effect. If you enter into a void agreement, you cannot enforce its terms. For example, if you enter into a contract with a minor, you cannot sue the minor for damages if they breach the contract.
Free Consent
Free consent is a fundamental principle of contract law. In simple terms, free consent means that both parties to a contract must have agreed to the terms of the contract voluntarily and without any coercion, undue influence, fraud, misrepresentation, or mistake.
If one party to a contract did not give free consent, the contract may be voidable. This means that the party who did not give free consent may be able to cancel or rescind the contract. For example, if you sign a contract under duress, you may be able to cancel the contract later.
Similarly, if one party to a contract gave free consent but the other party induced them to do so by fraud or misrepresentation, the contract may also be voidable. For example, if you enter into a contract to buy a car based on false information given to you by the seller, you may be able to cancel the contract later.
Conclusion
In conclusion, understanding the concepts of void agreement and free consent is essential for anyone entering into a contract. A void agreement is not legally enforceable, while free consent is required for a contract to be legally binding. If you are unsure whether a contract is void or whether you have given free consent, it is always best to seek legal advice to protect your rights and interests.