What is a void contract?

A void contract is one that is not legally binding. In Delaware, a contract is void if it goes against public policy or a statute, or if the subject matter of the contract is illegal. A contract can also be deemed void if either party is under the age of 18, or if the agreement wasn’t made with both parties’ free will, such as through coercion or duress. A contract may also be void if it’s uncertain, ambiguous, or impossible to perform. A contract is deemed void by the court if it isn’t valid. Therefore, any breach of a void agreement will not be legally enforced. This means that if one of the parties doesn’t comply with the contract, the other party won’t be able to seek legal remedies to enforce the agreement. Furthermore, any payment or performance made under a void agreement can’t be recovered. Although a void agreement isn’t legally binding, the parties may still have certain obligations to each other. This is known as quasi-contract or a “contract implied in law”. Therefore, if one party receives a benefit from another, they’re still required to provide something in return, even though the contract is deemed void.

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