Everything about Void Law totally explained
In
law,
void means of no legal effect. The Latin phrase,
void ab initio means "to be treated as invalid from the outset". An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened.
For example, in many jurisdictions where a person signs a
contract under
duress, that
contract is treated as being
void ab initio.
Black's Law Dictionary defines void as:
void ab initio as:
voidable and
unenforceable, the principal difference being that an action which is voidable remains valid until it's avoided. The significance of this usually lies in the possibility of third party rights being acquired. For example, in
Cundy v Lindsay (1878) 3 App Cas 459 a fraudster induced Messrs Lindsay & Co to sell to him a quantity of handkerchiefs. The fraudster then sold the handkerchiefs on to an innocent third party, Mr Cundy. The fraudster was convicted, and the money was never recovered from him. Lindsay sued claiming ownership of the handkerchiefs. If the contract of sale was held to be
voidable for fraud, the fraudster could pass good title Mr Cundy (provided that the contract hadn't yet been avoided), and Lindsay & Co would only have recourse against the insolvent fraudster. However, if (as was in fact held) the
contract of sale was
void ab initio, then title didn't pass, and Lindsay could claim back the handkerchiefs as their property, and Mr Cundy was left with only a claim against the insolvent fraudster.
However, the right to avoid a voidable transaction can be lost (usually lost by delay). These are sometimes referred to as "bars to rescission". Such considerations don't apply to matters which are
void ab initio.
Sources
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