Black`s Law Dictionary Definition Void
VOID, contracts, practice. This has neither power nor effect. (2) Contracts, legacies or legal proceedings may be null and void; These are taken into account individually. 3.-1. The nullity of a contract can result from many reasons. 1. If the parties are unable to contract; As in the case of idiots, lunatics and in some states, according to their local regulations, the usual drunkards. Empty Contracting Parties, § 1; 1 hen. & Munf 69; 1 South. R. 361; 2 hay. R. 394; Newl.
on the 19th contract; 1 Fonb Gl. 46; 3 warehouses. 128; Long on sales, 14; Height. on Lunacy, 111, 112 Chit. on the 29th Treaty, 257. 4.-2. If the object of the contract is to perform an act malum in se; as a recognizance to steal or kill a person or to commit a breach of the peace. Shep. Year. 163; Co. Lit.
206, b 10 East, R. 534. 5.-3. If the thing to be achieved is impossible; as if a man was committed to going from the United States to Europe in one day. 206, b. But in these cases, the impossibility must exist at the time of the conclusion of the contract; because although subsequent events may excuse performance, the contract is not absolutely void; For if John enters into a contract to marry Mary, and before the appointment of the Covenanter marries herself, the contract is not executed, but it was not void in its creation. It is different from a contract of John, who, as a married man known to the Covenant, enters into a contract to marry Mary during the continuation of his existing marriage, because in this case the contract is void. 6.-4. contracts contrary to public policy; such as an agreement not to marry or do business with anyone; one is considered in the restriction of marriage and the other in the restriction of trade.
4 ridges. 2225; S. C. Wilm. 364; 2Vern. 215; Al. 67: 8 Mass R. 223; 9 Mass. R. 522; 1 Selection. R. 443; 3 Selection.
R. 188. 7.-5. If the contract is fraudulent, it sucks, because fraud ruins everything. 1 Fonb Equity, 66, Note Newl. on Contr. 352; and article fraud. For cases where a condition consists of several parts and some are legal and others are not, see the Condition article. 8.-2. An invention or inheritance is null:.
1. If it is made by a person who is not legally authorized to make a will; like a madman or an idiot, a married woman and an infant, before arriving at the age of fourteen, if a man, and twelve, if a woman. Harg. Co. bed. 896, Yes; Steal. on wills, 28; Godolph. Orph. Step 21. 2. If there is a defect in the form of a will or if the device is prohibited by law; only if an eternity is given, or if the invention is incomprehensible.
3. If it was obtained by fraud. 4. When the currency is dead. 5. And if there has been an express or implied revocation of the will. Legacy Void; Will. 9.-3. An application or proceeding is void if there was no power to issue it because the court did not have jurisdiction. In such a case, officials acting under his direction become intruders, since they are obliged, despite the fact that it can sometimes be a difficult legal issue, to decide whether the court has jurisdiction or not.
2 Brownl. 124; 10 Co. 69; R. 118 March; 8 T. R. 424; 3 Cranch, R. 330; 4 Measure R. 234.
Regular and irregular process. Empty, in general, 8 Com. Digging. 644; Ferry. From. Conditions, K; Ferry. From. Childhood, &c. I; Ferry. From. h.t.; Ab.
by Dane. Index, h.t.; 3 chit. Pr. 75; Jew 42, a, Note 1; 1 Rawle, R. 163; Bouv. Inst-Index, h.t. In law, null and void means have no legal effect. A null and void lawsuit, document or settlement has no legal effect: absolute nullity – the law treats it as if it never existed or never happened. The term void ab initio, which means “to be considered invalid in the first place”, comes from the addition of the Latin expression ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is considered void from the outset.
The common combination of “null and void” is a legal duplicate. The importance generally lies in the possibility that the rights of third parties are acquired in good faith. For example, in Cundy v Lindsay (1878), a con artist named Blenkarn posed as a retailer and led Lindsay & Co to provide him with 250 dozen linen handkerchiefs. Blenkarn then sold the tissues to an innocent third party, Cundy, but Lindsay was never paid. Lindsay, who claimed ownership of the handkerchiefs, sued Cundy for his return. If the purchase agreement in Blenkarn is found to be voidable due to fraud, Lindsay & Co would only appeal against Blenkarn, which is insolvent. However, if (as claimed) the purchase agreement was void from the start, then the title did not pass from Lindsay to Blenkarn in the first place, and Lindsay could retrieve Cundy`s tissues as her property. Cundy had only one trial left against the insolvent Blenkarn. The term empty has an exact meaning that has sometimes been confused with the more questionable liberal term. Something that is countervailable may be avoided or nullified by one or more of the parties, but such an agreement is not void in itself.
Void — For the French commune, see Void Vacon. In programming, void is a keyword found in the C language and several other programming languages that are originally used, such as C++, C# or Java. This keyword void… French Wikipedia void — [void] adj. [ME voide < OFr vuide < VL * vocitus, for L vocivus, var. of vacivus < vacare, to be empty] 1. not occupied; vacant: sinecures, offices, etc. 2. (a) contain or contain nothing b) empty or penniless [empty of..
English dictionary World void — 1 / vȯid/ adj 1: without force or effect in law a null marriage 2: voidable void·ness n void 2 vt: make or declare . Law Dictionary The term is often used as opposed to the terms “questionable” and “unenforceable”.
