Basis of difference |
Void agreement |
Voidable contract |
Void ab-intio |
It is void from the very beginning |
It is valid when made and continues to
remain valid till it is
repudiated by the aggrieved
party. |
Which essential element of contract is
missing |
It is void because an essential element of
a valid contract is missing |
It is voidable because the consent of a
party is not free. |
Enforceability |
It cannot be enforced by any party
|
It continues to be enforceable if the
aggrieved party does not
repudiate the contract.
|
Right of third party |
Third party does not acquire any rights. |
A third party who purchases goods in good
faith and for consideration
before the contract is
repudiated acquires good title
of those goods. |
Effect of lapse of reasonable time
|
Even on the expiry of a reasonable time,
it can never become a valid
contract. |
On the expiry of reasonable time, it may
be come a valid contract, if the
aggrieved party does not
repudiate the contract within
reasonable time. |
Damage |
The question of damages does not arise.
|
The aggrieved party can claim damages.
|