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- This topic has 5 replies, 3 voices, and was last updated 8 years ago by MikeLittle.
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- August 9, 2016 at 8:50 pm #332282
Sir, couldnt find it in the previous posts.
Difference between void, voidable, enforceable and unenforceable contract.
And also the promisor is the one who makes the promise, and the who is the promisee?
THanks
August 10, 2016 at 6:00 am #332301‘who is the promisee’ – the one to whom the promise is made
(who is the offeree) – the one to whom the offer is made
A contract is an agreement, supported by consideration, made with intention to be legally binding
So, technically, there is no such animal as a void contract. It isn’t entered into with intention to be legally binding. A valid contract can BECOME void but, as soon as anything happens that renders it void, it’s no longer a contract. For example, outbreak of war would mean that to continue with the agreement would represent trading with the enemy
A voidable contract is one where one of the parties involved has the opportunity, through circumstances, to back away from the contract and, if this happens, there is nothing the other party can do about it.
On the other hand, the one with the right of avoidance may choose to continue in which case the agreement goes ahead as originally intended.
An example would be where a person enters into a contract with a public company before the company obtains a trading certificate. Upon discovery, the innocent third party is able to avoid the contract or could, if they choose to, go ahead with the contract.
If they choose to avoid, the company is not able to pursue the third party but, if the company tries to avoid, the third party could sue the company
An enforceable contract is an ordinary, usual contract like the HUGE majority of contracts entered into each and every day
An unenforceable contract is one that lacks ALL the necessaries for a court to be able to order that the contract should go ahead (in the event of dispute) This could be for any reason but the one I have in mind is where the objects of a purchase / sale contract are insufficiently described
Is that ok?
August 10, 2016 at 12:56 pm #332506Thank you so very much! very clear
August 10, 2016 at 1:01 pm #332509You’re welcome
September 10, 2016 at 6:54 pm #339725Hi Mike,
If there is an invitation to treat for artwork from person A for £10 and person B offers £5 am i correct in saying person A is the offeree and person B is the offeror?
Thank you
September 13, 2016 at 10:19 pm #340388Yes. An invitation leads to an offer that is then available for acceptance
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