Also known as:void vs voidable · void or voidable · voidable vs void
Written by attorneys · grounded in primary & secondary sources — see below
A legal principle distinguishing instruments or acts that are invalid from their inception and produce no legal effect from those that remain effective until successfully challenged and set aside.
Sources & Authorities
How it applies
Common Examples
2
Unauthorized Deed Execution
Vivian Vaughn granted her manager a durable power of attorney to handle real estate matters and recorded a copy. After an oral revocation that was never delivered or recorded, the manager executed and delivered a warranty deed conveying her beachfront home to a buyer. The buyer reviewed the recorded power of attorney, obtained an affidavit confirming its validity, and recorded the deed. Because the manager lacked authority at execution, the deed is at best voidable rather than automatically void.
Bigamous Marriage Challenge
Victor Vargas entered a second marriage while his first spouse remained alive. After the first spouse died, Victor petitioned to annul the second marriage on grounds of bigamy. The court treated the marriage as void from the outset rather than merely voidable, permitting the challenge despite the passage of time and the death of a party.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Common Law
Hornbooks
Course Outlines
MacDougall v. Levick66 Va. App. 50, 782 S.E.2d 182 (2016)
Common questions
Frequently Asked
4
What makes a deed void rather than voidable under the distinction?+
Execution by an unauthorized person may render the deed void or voidable. The distinction turns on whether the defect renders the instrument a nullity from the start or merely subject to later challenge by affected parties.
Supporting sources
How does the distinction affect challenges to marriages?+
Void marriages are treated as never having existed and may be challenged by third parties or after death. Voidable marriages remain valid until annulled and typically may be challenged only by the parties during their lifetimes.
Supporting sources
Can a defective corporate action be ratified to avoid the void-voidable problem?+
Yes. Under the Model Business Corporation Act, a defective corporate action that would otherwise be void or voidable due to failure of authorization may be ratified or validated so that it is deemed valid from the original date.
Supporting sources
Does the distinction matter for contracts tainted by incapacity or duress?+
Yes. Such contracts are typically voidable at the option of the impaired party rather than automatically void, allowing the affected party to affirm or disaffirm once the defect is removed.
Supporting sources
ContractsContract content and meaning · Parol evidenceUBEFoundational