VOIDABLE

VOIDABLE

voidable, adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. ? This term describes a valid act that may be voided rather than an invalid act that may be ratified.

¡ª Also termed avoidable. [Cases: Contracts 98, 136. C.J.S. Contracts ¡ì¡ì 137, 139¨C140, 145, 153¨C155, 157, 171, 173¨C174, 185, 188, 280¨C281, 286, 296.] ¡ª voidability, n.

¡°Most of the disputed questions in the law of infancy turn upon the legal meaning of the word ¡®voidable¡¯ as applied to an infant’s acts. The natural meaning of the word imports a valid act which may be avoided, rather than an invalid act which may be confirmed, and the weight of authority as well as reason points in the same direction. Certainly, so far as executed transfers of property are concerned the authority of the decisions clearly supports this view.¡± 1 Samuel Williston, The Law Governing Sales of Goods¡ì 12, at 28 (3d ed. 1948).

¡°The promise of an infant surety is voidable as distinguished from void. The infant may expressly disaffirm or assert the defense of infancy when sued at any time before the expiration of a reasonable time after majority.¡± Laurence P. Simpson, Handbook on the Law of Suretyship 82 (1950).


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