Skip to content
NeCede's

Maxim 1.5.270

Voidable imports a valid act which may be avoided, rather than an invalid act which may be confirmed as such.

Source: Rothberg v. Schmiedeskamp, 134 N.E.2d 544, 546, 334 Mass. 172; Weisman, 62j Difficulty 2/5 — Approachable

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) A voidable contract or conveyance stands until the injured party elects to rescind — unlike a void act, it confers rights and imposes duties unless and until affirmatively set aside.

Where this applies

  • A minor signs a contract to buy a car, and the contract is valid unless the minor chooses to disaffirm it upon reaching adulthood.
  • A person signs a deed under duress; the deed stands and conveys title until the signer goes to court and has it set aside.
  • A shareholder votes at a meeting where proper notice was not given — the vote is effective unless someone with standing challenges it, because the defect makes it voidable, not void.

Legal domains

Cite this maxim

NeCede Max. 1.5.270 — Voidable imports a valid act which may be avoided, rather than an invalid act which may be confirmed as such. — Rothberg v. Schmiedeskamp, 134 N.E.2d 544, 546, 334 Mass. 172; Weisman, 62j

Found an error? Suggest a correction →