In Which of the following Cases the Agreement Is Void Ab Initio Course Hero

In Which of the Following Cases is an Agreement Void Ab Initio?

When it comes to legal terms, “void ab initio” is a Latin phrase that means “void from the beginning,” which indicates an agreement has no legal existence since its inception. In general, agreements are enforceable if all parties involved are legally competent and have given their free consent. However, some circumstances can render an agreement void ab initio.

Let`s take a closer look at some of the cases where an agreement can be declared void ab initio:

1. Agreement without Consideration: A contract must always have consideration, which is an inducement to perform a promise. If a contract lacks consideration or an element of exchange like money, goods, or services, it is deemed invalid.

2. Agreement with an Illegal Object: If the subject matter or objective of an agreement is deemed illegal or contrary to public policy, the agreement is considered void ab initio. For example, a contract to sell illegal drugs or commit a crime is considered an illegal object.

3. Agreement with an Immoral Object: An agreement that goes against public morals is also considered void ab initio. For instance, an agreement to carry out prostitution, human trafficking, or other immoral acts is deemed an immoral object.

4. Agreement with Minors: A minor is someone who has not yet attained the age of majority or legal competence. A contract entered into by a minor either through fraud or coercion is considered void ab initio as they lack the legal capacity to enter into contracts.

5. Agreement with Mentally Impaired Persons: Persons who suffer from mental illness or are incapable of understanding the nature and consequences of a contract are unable to give their free consent. An agreement with such individuals is void ab initio.

6. Undue Influence: If a contract is entered into under pressure or coercion, it is void ab initio. For example, a contract entered into under duress or an agreement with someone who holds a dominant position over the other person is considered invalid.

In conclusion, it is essential to note that a contract can be declared void ab initio if any of the above conditions are present. Therefore, it is prudent to ensure that all the necessary elements of a legal agreement are met before entering into a contract.