In the world of business, agreements and contracts are considered essential documents that help to bind parties in a legally binding manner. However, not all agreements and contracts are enforceable, and there is a distinct difference between a voidable contract and voidable agreement. It is essential to understand the difference between the two to avoid any legal issues down the line.
The term “voidable” refers to a contract or agreement that may be declared invalid if contested by either party but is legally binding until it is declared as such. The difference between a voidable contract and voidable agreement lies in the nature of the document and the circumstances under which it can be legally contested.
A voidable contract is a legal agreement that is enforceable until one of the parties involved informs the other party that they wish to cancel the contract. Once that occurs, the contract is no longer binding, and any obligations between the parties are void.
On the other hand, a voidable agreement is an agreement that can be declared unenforceable if one party proves that it was made under duress, fraud, undue influence, or misrepresentation. Once an agreement is declared voidable and is contested, it can no longer be enforced, and any obligations between the parties become null and void.
The key difference between the two lies in the circumstances under which it can be contested. A voidable contract can be contested only when one party wishes to cancel the agreement, while a voidable agreement can be contested for reasons like fraud or duress.
In essence, voidable contracts and agreements are both documents that can be legally challenged under certain conditions. However, the nature of the document and the circumstances under which it can be contested are different.
In conclusion, understanding the difference between a voidable contract and a voidable agreement is essential for anyone involved in business or legal matters. A voidable contract can be canceled at the request of one party, while a voidable agreement can be contested due to misrepresentation, duress, fraud, or undue influence. As a professional, it is essential to be precise and clear when discussing legal matters to avoid confusion for readers.