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'Void in initio' contract question

 
 
RMA
 
Reply Wed 16 Nov, 2016 02:38 pm
I signed an agreement with another party I now consider to be void, many elements of the written agreement did not reflect the situation we were agreeing to. BUT there is a clause that states "In the event that any of the conditions in this agreement prove void this will not affect the validity of the other conditions in this agreement." How can a 5 page contract with several sections covering many topics that is void in its inception be valid just because of this clause?
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Type: Question • Score: 0 • Views: 369 • Replies: 5
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cicerone imposter
 
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Reply Wed 16 Nov, 2016 04:30 pm
@RMA,
Here are the legal contract requirements (there must be an offer and an acceptance):
http://www.nolo.com/legal-encyclopedia/contracts-basics-33367.html
RMA
 
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Reply Wed 16 Nov, 2016 04:55 pm
@cicerone imposter,
Thanks, but I don't understand how this addresses my question? Could you please explain? This just looks like the definition of a 'contract'
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cicerone imposter
 
  1  
Reply Wed 16 Nov, 2016 08:55 pm
@RMA,
You wrote, "I signed an agreement with another party I now consider to be void, many elements of the written agreement did not reflect the situation we were agreeing to."

An offer and acceptance were made. You signed on the contract. What offer was not made? You call them "elements," but does any of those elements meet the definition of the offer?

If anyone goes into a store, and buys a product, a candy bar for example, that's the offer. If you paid for that candy bar, the contract is now complete.

If you go into the store, and you don't find anything you want, and walk out, there's no contract. The offer was made, but you didn't complete the contract by not buying the product.
RMA
 
  0  
Reply Fri 18 Nov, 2016 05:00 am
@cicerone imposter,
what about the 'void contract' concept? the contract was based on an impossible act and/or event. one side knew this but one did not. There was no 'contractual capacity'
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RMA
 
  0  
Reply Sun 27 Nov, 2016 07:14 am
What a useless forum. I guess concepts and terms like 'void contracts', 'void in initio', 'unilateral mistake' and 'no contractual capacity' are too complex for you all; better to talk about candy bars.
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