Also known as:relatively nullity · voidable · relatively void
Written by attorneys · grounded in primary & secondary sources — see below
A transaction or instrument that is voidable at the election of an interested party but remains effective until avoided. The affected party may choose to disaffirm or ratify it, and third parties may acquire rights that limit avoidance.
Sources & Authorities
How it applies
Common Examples
6
Mutual Mistake on Land Value
Rina Rahman and Roberto Reyes signed a contract to sell a parcel they both believed contained only timberland. After closing, they discovered the parcel held valuable mineral rights that doubled its worth. Rina elects to avoid the sale because the shared error went to a basic assumption of the exchange.
Trustee Self-Dealing Sale
A trustee sold trust real estate to a company he controlled at below-market price. Beneficiary Regina Robinson learns of the conflict and elects to set the sale aside, restoring the property to the trust.
Unauthorized Deed Execution
Rosa Ruiz's adult child signed a deed conveying her mother's home without any power of attorney or court authority. The buyer later discovers the defect. The deed remains effective until Rosa or her heirs choose to avoid it.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Minor Gift of Artwork
Seventeen-year-old Rowan Russell gave a valuable painting to a friend. Upon turning eighteen, Rowan may disaffirm the transfer and demand return of the painting or may ratify it by inaction.
Personal Representative Conflict Purchase
An estate's personal representative sold estate farmland to his own spouse without court approval or will authorization. Heirs may avoid the sale and recover the land for the estate.
Fraudulent Inducement of Sale
Renata Russo bought a used car after the seller falsely stated it had never been in an accident. Upon discovering the lie, Renata may rescind the purchase and recover her payment.
Common questions
Frequently Asked
4
What distinguishes a relatively null act from one that is absolutely null?+
A relatively null act remains effective until the protected party elects to avoid it, whereas an absolutely null act has no legal effect from the outset.
Supporting sources
Who may avoid a relatively null transaction?+
Only the party whose consent or concurrence was required or who was adversely affected by the defect may elect avoidance. Third parties without that interest generally cannot.
Supporting sources
Does ratification cure a relatively null act?+
Yes. Failure to disaffirm within a reasonable time after learning of the defect, or express ratification, renders the transaction fully effective and no longer subject to avoidance.
How does a relatively null deed affect subsequent purchasers?+
A subsequent good-faith purchaser may acquire protected rights that limit the original party's ability to avoid the deed, even though the deed remains voidable between the original parties.
557 P.2d 106 (Cal. 1976)Property
…defendant's argument fails for the reason that an improper transfer of community property is not void ab initio, but merely voidable at the instance of the aggrieved spouse. See Ballinger v. Ballinger (1937) 9 Cal.2d 330, 334 [70 P.2d 629]; Trimble v. Trimble (1933) 219 Cal. 340, 344 [26 P.2d 477].) In the…