In English law, a voidable contract is a valid agreement that can be affirmed or rejected (rescinded) by one of the parties due to specific issues affecting consent.
Voidable contracts initially create legally binding obligations but contain defects, such as misrepresentation, duress, undue influence, or minority, allowing the disadvantaged party to rescind if they choose.
When rescinded, parties are restored to their original positions, as if the contract never existed. Affirmation makes the contract fully enforceable.
Recognising voidable contracts protects parties from exploitation, allowing them to correct agreements compromised by unfairness or deception.
August 29, 2025
Mr Lewis sold his car to a rogue who fraudulently impersonated the film actor Richard Greene. The rogue then sold the car to Mr Averay, an innocent purchaser. The Court of Appeal held that the contract between Lewis and the rogue was voidable for fraud, not void for mistake, so...
August 28, 2025
Caldwell sold his Jaguar to Norris, who paid with a worthless cheque and absconded. Caldwell immediately informed police and the AA to trace the car. The Court of Appeal held that where a fraudulent buyer deliberately absconds, the defrauded seller can rescind the contract without communicating directly with the fraudster,...
August 28, 2025
Armstrong, chairman of Landmark Corporation, threatened to have Barton, the managing director, killed unless he executed a deed purchasing Armstrong's shares. The Privy Council held that a contract may be avoided for physical duress even if the threats were not the main reason for entering the agreement. Facts Alexander Barton...
April 2, 2026
National Case Law Archive
April 2, 2026
National Case Law Archive
April 2, 2026
National Case Law Archive