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VOID

void,adj.1. Of no legal effect; null. The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever those that are an absolute nullity.
void, avoid,vb. voidness,n. facially void.(Of an instrument) patently void upon an inspection of the contents. Also termed void on its face. void ab initio (ab i-nish-ee-oh). Null from the beginning, as from the first moment when a contract is entered into. A contract is void ab initio if it seriously offends law or public policy, in contrast to a contract that is merely voidable at the election of one party to the contract. [Cases: Contracts 98, 136. C.J.S. Contracts 137, 139140, 145, 153155, 157, 171, 173174, 185, 188, 280281, 286, 296.] void for vagueness. 1. (Of a deed or other instrument affecting property) having such an insufficient property description as to be unenforceable. [Cases: Deeds 37. C.J.S. Deeds 53.] 2. (Of a penal statute) establishing a requirement or punishment without specifying what is required or what conduct is punishable, and therefore void because violative of due process. Also termed void for indefiniteness. See VAGUENESS DOCTRINE. [Cases: Constitutional Law 258(2); Criminal Law 13.1(1). C.J.S. Criminal Law 26.] 2.VOIDABLE. Although sense 1 above is the strict meaning of void, the word is often used and construed as bearing the more liberal meaning of voidable. VOIDABLE voidable,adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. This term describes a valid act that may be voided rather than an invalid act that may be ratified. Also termed avoidable. [Cases: Contracts 98, 136.C.J.S. Contracts 137, 139140, 145, 153155, 157, 171, 173174, 185, 188, 280281, 286, 296.] voidability,n. Most of the disputed questions in the law of infancy turn upon the legal meaning of the word voidable as applied to an infant's acts. The natural meaning of the word imports a valid act which may be avoided, rather than an invalid act which may be confirmed, and the weight of authority as well as reason points in the same direction. Certainly, so far as executed transfers of property are concerned the authority of the decisions clearly supports this view. 1 Samuel Williston, The Law Governing Sales of Goods 12, at 28 (3d ed. 1948). The promise of an infant surety is voidable as distinguished from void. The infant may expressly disaffirm or assert the defense of infancy when sued at any time before the expiration of a reasonable time after majority. Laurence P. Simpson, Handbook on the Law of Suretyship 82 (1950).

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