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
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