Void Agreements Case Laws

When it comes to legal contracts, there are few things more important than ensuring that the agreement is valid and legally binding. However, there are times when a contract may become void, meaning that it is no longer enforceable by either party. In these cases, it is important to understand the concept of void agreements and the case laws surrounding them.

What is a Void Agreement?

A void agreement is a legal contract that is considered to be invalid and unenforceable. There are several reasons why a contract may be deemed void, such as if it includes illegal activities, fraud, or misrepresentation. Essentially, if the contract is against public policy or is in violation of the law, it is considered void.

Void agreements are different from voidable agreements, which are contracts that can be legally terminated by one of the parties involved. Voidable contracts are still considered legally binding until they are terminated, whereas void agreements are not.

Case Laws Surrounding Void Agreements

There have been several notable cases throughout history surrounding void agreements, which have helped to establish legal precedents and provide guidance for future cases.

One such case is Carlill v. Carbolic Smoke Ball Company. In this case, the Carbolic Smoke Ball Company advertised a product that they claimed could prevent the flu. They included a promise to pay anyone who still got sick after using the product. The plaintiff, Mrs. Carlill, purchased the product and contracted the flu, and subsequently sued the company for the promised payment.

The court held that the advertisement constituted a unilateral offer, which was accepted by Mrs. Carlill when she purchased the product. As such, it was a valid and enforceable contract, and the company was required to pay the promised amount. This case established the importance of clear and unambiguous language in contracts and advertisements.

Another important case is L`Estrange v Graucob. In this case, the plaintiff purchased a vending machine for her café, and signed a contract without reading it. The contract included a clause that stated that the plaintiff agreed to waive her right to any warranties or representations made about the machine. When the machine was faulty, the plaintiff sued the defendant for breach of warranty.

The court held that the plaintiff had signed a binding contract, and that she was bound by the terms of the agreement, even if she had not read it. This case established the principle of caveat emptor, or “buyer beware”, and highlighted the importance of reading and understanding all terms of a contract before signing.


Void agreements are an important concept in contract law, and understanding the case laws surrounding them is crucial for anyone involved in legal contracts. By ensuring that contracts are valid and legally binding, businesses and individuals can avoid costly legal disputes and protect themselves from potential liabilities.