Void Contract

In one sentence

A contract that has no legal effect from the moment it's made.

Plain English

A void contract is one that never had any legal power in the first place. Unlike an unenforceable contract, which exists but courts won't enforce it, a void contract is treated as if it never happened. This typically occurs when the contract violates a fundamental law, involves an illegal purpose, or one party lacks the legal capacity to contract (like a very young child or someone declared mentally incompetent). Neither party can enforce it, and courts won't help either side.

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Example

A 10-year-old signs a contract to buy a car for $20,000. The contract is void because children lack the legal capacity to enter binding contracts. The car dealer cannot force the child to pay, and the child cannot be held to the agreement.

Used in a sentence

“The marriage was declared void because the groom was already legally married to someone else.”

Related terms

Illegal Contract

A contract whose purpose or performance violates the law.

Unenforceable Contract

A contract that courts won't enforce, even though it's technically valid.

Rescission

Unwinding a contract entirely, returning both parties to their positions before the deal.

Mutual Assent

Both parties agree to the same contract terms at the same time.

Breach of Contract

Failure to do what a contract requires, without a valid legal excuse.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.