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

Black's law dictionary. . 1990.

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  • voidable — void·able / vȯi də bəl/ adj: capable of being voided; specif: subject to being declared void when one party is wronged by the other a voidable contract void·abil·i·ty /ˌvȯi də bi lə tē/ n Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • voidable — void‧a‧ble [ˈvɔɪdəbl] adjective LAW a voidable contract, agreement etc can be declared void: • The contract was voidable on the grounds of fraud. * * * voidable UK US /ˈvɔɪdəbl/ adjective LAW ► able to be made void: »A misrepresentation by one… …   Financial and business terms

  • Voidable — Void a*ble, a. 1. Capable of being voided, or evacuated. [1913 Webster] 2. (Law) Capable of being avoided, or of being adjudged void, invalid, and of no force; capable of being either avoided or confirmed. [1913 Webster] If the metropolitan …   The Collaborative International Dictionary of English

  • voidable — That which may be avoided (SA Bankruptcy.com) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • voidable — (adj.) late 15c., from VOID (Cf. void) (v.) + ABLE (Cf. able) …   Etymology dictionary

  • Voidable — In law, a transaction or action which is voidable is valid, but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio (or void from the outset) and unenforceable.The act of… …   Wikipedia

  • voidable —    Capable of being made void. For example, a contract in which one of the parties is a minor (i.e., younger than 18 years of age) is voidable when she or he reaches the age of majority, but the contract may also be affirmed at that time.… …   Business law dictionary

  • voidable — adjective Date: 15th century capable of being voided; specifically capable of being adjudged void < a voidable contract > • voidableness noun …   New Collegiate Dictionary

  • voidable — void ► ADJECTIVE 1) not valid or legally binding. 2) completely empty. 3) (void of) free from; lacking. ► NOUN ▪ a completely empty space. ► VERB 1) chiefly N. Amer. declare to be not valid or …   English terms dictionary

  • voidable — adjective capable of being rescinded or voided the judgment was rescindable voidable contracts • Syn: ↑rescindable • Similar to: ↑revocable, ↑revokable • Derivationally related forms: ↑ …   Useful english dictionary

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