voidable

That which may be avoided, or declared void; not absolutely void, or void in itself. It imports a valid act which may be avoided rather than an invalid act which may be ratified. United States v. Price, D.C.Iowa, 514 F.Supp. 477, 480.

See also voidable contract

Compare void

@ voidable contract

A contract that is valid, but which may be legally voided at the option of one of the parties. One which is void as to wrongdoer but not void as to wronged party, unless he elects to so treat it. Depner v. Joseph Zukin Blouses, 13 Cal.App.2d 124, 56 P.2d 574, 575.

One which can be avoided (cancelled) by one party because right of rescission exists as a result of some defect or illegality (e.g., fraud or incompetence).

See also void contract.

A voidable contract is one where one or more parties have the power, by a manifestation of election to do so, to avoid the legal relations created by the contract, or by ratification of the contract to extinguish the power of avoidance. Restatement, Second, Contracts No. 7

@ voidable judgment

One apparently valid, but in truth wanting in some material respect. City of Lufkin v. McVicker, Tex.Civ.App., 510 S.W.2d 141, 144.

One rendered by a court having jurisdiction but which is irregularly and erroneously rendered. Easterline v. Bean, 121 Tex. 327, 49 S.W.2d 427, 429.

See also void judgment

@ voidable marriage

One which is valid (not void) when entered into and which remains valid until either party secures lawful court order dissolving the marital relationship. Darling v. Darling, 44 Ohio App.2d 5, 335 N.E.2d 708, 710, 73 O.O.2d 5.

Major difference between "void marriage" and "voidable marriage" is that latter is treated as binding until its nullity is ascertained and declared by competent court, whereas former does not require such judgment because parties could not enter into valid marital relationship. Broadus v. Broadus, Ala.Civ.App., 361 So.2d 582, 584.

See also void marriage

@ voidable preference

Under Bankruptcy Code, such exists where person while insolvent transfers property, the effect of which will be to enable one creditor to obtain greater percentage of his debt than other creditors of same class. A preference given to one creditor over another by a bankrupt, usually manifested by a payment to that creditor just prior to the bankruptcy declaration, that may be set aside by the trustee in bankruptcy.

See Bankruptcy Code No. 547.

See also preference

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