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VOID, VOIDABLE & UNENFORCEABLE CONTRACT, NORHANIZA RAHAMAN
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VOID, VOIDABLE & UNENFORCEABLE CONTRACT
DEFINITION
VOID
Section 2(g) CA An agreement not enforceable by law is said to be void
- made by incompetent parties
- have unlawful consideration
VOIDABLE
Section 2(1) CA an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract
- one of the parties to the contract has the option to avoid the contract
UNENFORCEABLE
Is a valid contract but unenforceable - does not fulfill some formality required under the law
FREE CONSENT
Section 10(1) CA All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void
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