A Void Contract is Enforceable if it is in Writing: Understanding the Legalities
A void contract is a legal agreement between two parties that is considered invalid from the outset. This means that the contract cannot be enforced by either party, and it is as if the contract never existed in the first place. However, there are certain circumstances in which a void contract can become enforceable, and one of those circumstances is if the contract is in writing.
What is a Void Contract?
A void contract is a contract that is considered void from the outset. This means that the contract is invalid and cannot be enforced by any of the parties involved. There are several reasons why a contract may be considered void. For example, if the contract is illegal, if one of the parties was coerced into signing the contract, or if one of the parties lacked the capacity to enter into the contract, the contract may be considered void.
When Can a Void Contract be Enforced?
While a void contract is generally considered invalid, there are certain circumstances in which it may become enforceable. One of those circumstances is if the contract is in writing. If a void contract is put in writing, it becomes an enforceable contract.
This is because a contract that is in writing is considered a formal agreement between two parties. The act of putting a contract in writing helps to make it more official and legally binding. Essentially, the writing of the contract can serve as evidence that the parties intended to enter into a legal agreement.
It is important to note, however, that while a void contract can become enforceable if it is in writing, this does not mean that all void contracts can become enforceable if they are put in writing. For example, if a contract is void because it is illegal, it cannot become enforceable simply by being put in writing.
Why is it Important to Put a Void Contract in Writing?
Putting a void contract in writing may be beneficial for several reasons. First, it can help to clarify the terms of the agreement and ensure that both parties understand their rights and obligations. Additionally, putting a contract in writing can help to prevent misunderstandings and disputes that could arise if the terms of the agreement were not clear.
Furthermore, putting a void contract in writing can help to protect both parties in the event that a dispute arises. If the contract is in writing, there is clear evidence of what the parties agreed to, which can help to prevent one party from trying to back out of the agreement or claim that they never agreed to certain terms.
Conclusion
While a void contract is generally considered invalid and unenforceable, there are certain circumstances in which a void contract can become enforceable. If the contract is put in writing, it becomes an enforceable contract. It is important to put a void contract in writing in order to clarify the terms of the agreement and to ensure that both parties understand their rights and obligations. Additionally, putting a void contract in writing can help to prevent misunderstandings and disputes, and it can provide clear evidence of the agreement in the event that a dispute arises.