King, III, Be Aware of the Uniform Voidable
Transactions Act, TRUSTS & ESTATES (Oct.
Why Puerto Rico's Bonds are Unenforceable and Voidable
A contract being void or voidable
is not dependant on a breach or failure by one party.
donative transfer entered into by a minor is merely voidable
The situations in which a misrepresentation serves to make a contract voidable
are clearly established by the law as occurring "[i]f a party's manifestation of assent is induced by either a fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying.
66) Generally, however, contracts made with minors have traditionally been understood as frequently voidable
, (67) and something that is not entered into without a certain amount of risk attached.
92) Because of this lack of uniformity, some courts have treated custody arbitration as outright void, while others have held it voidable
only if the best interests of the child were not observed.
Generally, laws protecting the incapacitated party provide that contracts are voidable
(83) as opposed to void.
Additionally Jombihis argued that if Faggionato had breached his fiduciary duties as an agent, that breach would render the sale voidable
rather than void, until and unless Lord Edward as principal sought to avoid it.
The complaint is then studied, in the case that the plaintiffs are right, they acquire what is termed as voidable
marriage , meaning it is as if the marriage had not taken place.
Except to the extent that a transfer or obligation voidable
under this section is voidable
under section 544, 545, or 547 of this title, a transferee or obligee of such a transfer or obligation that takes for value and in good faith has a lien on or may retain any interest transferred or may enforce any obligation incurred, as the case may be, to the extent that such transferee or obligee gave value to the debtor in exchange for such transfer or obligation.
However, care would have to be taken that the agreement does not contain any provision which makes it void or voidable