What is a void contract?
A void contract is a legal agreement that is not legally binding or enforceable. In Texas, a contract is considered void if it was created with an illegal purpose, or if it conflicts with the law, or if a party to the contract was not legally capable of entering into it. Additionally, if all the essential elements of a contract are not present, or if a contract is not signed by both parties, it is also considered void. Essentially, a void contract is a legally binding agreement that cannot be enforced or recognized in the eyes of the law. It is as if it never existed in the first place. This means that if one party breaches the contracts terms, the other party cannot sue for damages. Since the contract does not exist, there is no legally binding contract between the two parties. Voidable contracts, on the other hand, are contracts that are legally binding, but can be considered voidable or void if the parties involved agree. This usually occurs when one of the parties was not in a position to make an informed decision due to certain circumstances. Additionally, a contract can become voidable if a party was forced to enter into the agreement or if there has been a breach of contract.
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