Also known as: voidable obligations · voidable contract
Written by attorneys · grounded in primary & secondary sources — see below
A contractual duty that one or more parties possess the power to avoid by manifesting an election to do so. Ratification by the party holding the power extinguishes that avoidance power and renders the duty fully binding.
Violet Vang signed a multi-year endorsement deal at age 16. After turning 18 she continued accepting royalty payments and performed scheduled appearances for six months without objection. When she later attempted to walk away, the counterparty enforced the remaining term because her conduct had eliminated any power to avoid the obligation.
Viktor Voronin signed a release under threat of job loss. Once the threat passed he retained the settlement funds and remained silent for nine months. When he finally sought to avoid the release the court held that the delay had extinguished his power, leaving the obligation enforceable against him.
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Yes. A minor's contract remains voidable at the minor's option despite partial performance. The minor may still disaffirm and avoid further liability provided the disaffirmance occurs within the permitted time.
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Acceptance and retention of benefits tied to the agreement for a sustained period without protest constitutes ratification. That conduct extinguishes the power of avoidance and makes the obligation fully enforceable.
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An active guardianship covering the subject matter removes capacity entirely. The resulting agreement is void rather than merely voidable, so no power of avoidance or ratification arises.
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No. The beneficiary's rights are subject to the same formation defect that renders the contract voidable between the original parties. The beneficiary cannot obtain greater rights than the promisee possessed at formation.
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