At its most basic, a contract, such as a business agreement, may be deemed null and void if it does not contain all the key elements of a valid contract, which are agreement, capacity, consideration, and intention. These components should be clearly articulated in the contract documents. One missing element can invalidate the agreement. “Null and void” means that the contract, although duly signed by all parties, isn’t legally binding and enforceable in the first place.
There are also other cases that may nullify the validity of your contract. A contract may become null and void if the subject matter contains illegal activities. For example, Person A signs a contract with Person B to launder money. If one party fails to fulfill its obligation, the other party also has no legal recourse since the agreement is unlawful.
Additionally, if the terms of the contract are vague or ambiguous to the point where it confuses the parties concerned, the contract can become invalid. For instance, the author of the contract stipulated that for the services rendered, he or she is entitled to receive compensation of 100 dollars. The term is ambiguous as the author didn’t specify the currency — it could be Australian or Canadian dollars instead of US dollars.
A contract may also be nullified if it is virtually impossible to follow the agreed-upon terms. Moreover, if one party discovers that the other intentionally concealed important information or details, such can be construed as fraudulent, thus invalidating the contract.
On the other hand, some agreement terms are considered voidable, which means that it’s valid and enforceable, but certain circumstances during the duration agreement arise and deem them null and void. For example, a breach of the contract completely nullifies its validity. There are various ways in which a contract can be breached such as when one party fails to fulfill their agreed-upon obligations, among others. A contract may also be considered voidable if it’s proven that one of the parties was under undue influence.