Void contracts


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Void contracts


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note summarises the circumstances in which a contract may be declared void and the consequences when that happens. It distinguishes between void, voidable and unenforceable contracts and considers when a contract may be void due to: common mistake, unilateral mistake as to contractual terms, mistaken identity, non est factum and void under statute, as well as recognition of the separate category of illegality.

For a summary, in tabular format, of the key and illustrative judgments handed down since 1 January 2020, considering contract law issues, see Practice Notes:

  1. •

    Contract disputes—key and illustrative decisions (2024)

  2. •

    Contract disputes—key and illustrative decisions (2020–2023)

When is a contract a void contract?

A void contract is one that is wholly lacking in legal effect. A contract will be void where:

  1. •

    the parties contract on the basis of a fundamental common mistake

  2. •

    one party contracts on mistaken terms and the other party knows of the mistake

  3. •

    one party is mistaken as to the other party’s identity

  4. •

    a party executes a document under a fundamental misapprehension as to its nature

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Jurisdiction(s):
United Kingdom
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Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

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