void

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Void

That which is null and completely without legal force or binding effect.

The term void has a precise meaning that has sometimes been confused with the more liberal term voidable. Something that is voidable may be avoided or declared void by one or more of the parties, but such an agreement is not void per se.

A void contract is not a contract at all because the parties are not, and cannot be, bound by its terms. Therefore, no action can be maintained for breach of a void contract, and it cannot be made valid by ratification. Because it is nugatory, a void contract need not be rescinded or otherwise declared invalid in a court of law.

A void marriage is one that is invalid from its inception. In contrast to a voidable marriage, the parties to a void marriage may not ratify the union by living together as Husband and Wife. No Divorce or Annulment is required. Nevertheless, parties frequently do seek, and are permitted to seek, such a decree in order to remove any doubt about the validity of the marriage. Unlike a voidable marriage, a void marriage can be challenged even after the death of one or both parties.

In most jurisdictions a bigamous marriage, one involving a person who has a living spouse from an undissolved prior marriage, is void from the outset. In addition, statutes typically prohibit marriage between an ancestor and descendant; between a brother and a sister (whether related by whole blood, half blood, or Adoption); and between an uncle and niece or aunt and nephew.

A judgment entered by a court is void if a court lacks jurisdiction over the parties or subject matter of a lawsuit. A void judgment may be entirely disregarded without a judicial declaration that the judgment is void and differs from an erroneous, irregular, or voidable judgment. In practice, however, an attack on a void judgment is commonly used to make the judgment's flaw a matter of public record.

A law is considered void on its face if its meaning is so vague that persons of ordinary intelligence must guess at its meaning and may differ as to the statute's application (Connally v. General Construction Co., 269 U.S. 385, 46 S. Ct. 126, 70 L. Ed. 2d 322 [1926]). due process requires that citizens receive fair notice of what sort of conduct to avoid. For example, a Cincinnati, Ohio, city ordinance made it a criminal offense for three or more persons to assemble on a sidewalk and conduct themselves in a manner that was annoying to passersby. A conviction carried the possibility of a $50 fine and between one and thirty days imprisonment. The U.S. Supreme Court reversed the convictions of several persons found guilty of violating the ordinance after a demonstration and picketing (Coates v. Cincinnati, 402 U.S. 611, 91 S. Ct. 1686, 29 L. Ed. 2d 214 [1971]). The Court ruled that the ordinance was unconstitutionally vague because it subjected citizens to an unascertainable standard. Stating that "conduct that annoys some people does not annoy others," the Court said that the ordinance left citizens to guess at the proper conduct required. The Court noted that the city could lawfully prohibit persons from blocking the sidewalks, littering, obstructing traffic, committing assaults, or engaging in other types of undesirable behavior through "ordinances directed with reasonable specificity toward the conduct to be prohibited."

Cross-references

Bigamy; Consanguinity; Void for Vagueness Doctrine.

void

adj. referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgment is void. (See: voidable)

void

having no legal effect. In the law of contract, certain agreements may be treated as void, and if so they are treated as void ab initio, or ‘from their inception’ - i.e. they cannot ever have created legal consequences. Examples are SPONSIONES LUDICRAE, some, but not all, contracts entered into under error or mistake. The Unfair Contract Terms Act 1977 renders certain terms in contracts void, an example being one that tries to exclude liability for a breach of duty arising in the course of a business that causes death or personal injury.

VOID, contracts, practice. That which has no force or effect.
     2. Contracts, bequests or legal proceedings may be void; these will be severally considered.
     3.-1. The invalidity of a contract may arise from many causes. 1. When the parties have no capacity to contract; as in the case of idiots, lunatics, and in some states, under their local regulations, habitual drunkards. Vide Parties to contracts, Sec. 1; 1 Hen. & Munf 69; 1 South. R. 361; 2 Hayw. R. 394; Newl. on Contr. 19; 1 Fonb. Eq. 46; 3 Camp. 128; Long on Sales, 14; Highm. on Lunacy, 111, 112 Chit. on Contr. 29, 257.
     4.-2. When the contract has for its object the performance of an act malum in se; as a covenant to rob or kill a man, or to commit a breach of the peace. Shep. To. 163; Co. Lit. 206, b 10 East, R. 534.
     5.-3. When the thing to be performed is impossible; as, if a man were to covenant to go from the United States to Europe in one day. Co. Lit. 206, b. But in these cases, the impossibility must exist at the time of making the contract; for although subsequent events may excuse the performance, the contract is not absolutely void; as, if John contract to marry Maria, and, before the time appointed, the covenantee marry her himself, the contract will not be enforced, but it was not void in its creation. It differs from a contract made by John, who, being a married man, and known to the covenantee, enters into a contract to marry Maria during the continuance of his existing marriage, for in that case the contract is void.
     6.-4. Contracts against public policy; as, an agreement not to marry any one, or not to follow any business; the one being considered in restraint of marriage, and the other in restraint of trade. 4 Burr. 2225; S. C. Wilm. 364; 2 Vern. 215; Al. 67: 8 Mass. R. 223; 9 Mass. R. 522; 1 Pick. R. 443; 3 Pick. R. 188.
     7.-5. When the contract is fraudulent, it is void, for fraud vitiates everything. 1 Fonb. Equity, 66, note Newl. on Contr. 352; and article Fraud. As to cases when a condition consists of several parts, and some are lawful and others are not, see article Condition.
     8.-2. A devise or bequest is void:. 1. When made by a person not lawfully authorized to make a will; as, a lunatic or idiot, a married woman, and an infant before arriving at the age of fourteen, if a male, and twelve if a female. Harg. Co. Lit. 896, If; Rob. on Wills, 28; Godolph. Orph. Leg. 21. 2. When there is a defect in the form of the will, or when the devise is forbidden by law; as, when a perpetuity is given, or when the devise in unintelligible. 3. When it has been obtained by fraud. 4. When, the devisee is dead. 5. And when there has been an express or implied revocation of the will. Vide Legacy; Will.
     9.-3. A writ or process is void when there was not any authority for issuing it, as where the court had no jurisdiction, In such case, the officers acting under it become trespassers, for they are required, notwithstanding it may sometimes be a difficult question of law, to decide whether the court has or has not jurisdiction. 2 Brownl. 124; 10 Co. 69; March's R. 118; 8 T. R. 424; 3 Cranch, R. 330; 4 Mass. R. 234. Vide articles Irregularity; Regular and Irregular Process. Vide, generally, 8 Com. Dig. 644; Bac. Ab. Conditions, K; Bac. Ab. Infancy, &c. I; Bac. Ab. h.t.; Dane's Ab. Index, h.t.; 3 Chit. Pr. 75; Yelv. 42, a, note 1; 1 Rawle, R. 163; Bouv. Inst Index, h.t.

References in periodicals archive ?
This was a comparative and descriptive study, investigating the effects of voiding in standing and sitting positions in boys on uroflowmetric parameters (maximum flow rate [Qmax], voiding time [VT], voided volume [VV], flow curve [FC] and electromyography [EMG]) and post-void residual urine (PVR).
Boys in the study voided in sitting and standing positions.
Male peak urinary flow rate: relationship to volume voided and age.
Uroflowmetric Parameters and Postvoid Residual Volume According to Voiding Positions Parameters Voiding Position Z Standing Sitting X [+ or -] Ss X [+ or -] Ss Qmax (ml/sec) 21.37 [+ or -] 7.19 21.65 [+ or -] 6.78 -0.157 VT(sec) 25.28 [+ or -] 12.34 26.68 [+ or -] 18.46 -0.510 VV (VER) 0.80 [+ or -] 0.27 0.83 [+ or -] 0.28 -0.581 PVRR (%) 4.54 [+ or -] 3.01 4.57 [+ or -] 3.30 -0.813 Parameters p-Value Qmax (ml/sec) >0.05 VT(sec) >0.05 VV (VER) >0.05 PVRR (%) >0.05 Notes: Wilcoxon Signed Ranks Test Qmax = maximum flow rate during voiding, VT = voiding time, VV (VER) = voided volume (voided/expected volume ratio), PVRR = postvoid residual volume ratio.
Carbon dioxide emissions from the raw materials of voided slabs were calculated as the sum of the quantity of individual components, which were concrete, reinforcing bars, and void formers.
The C[O.sub.2] emissions of transportation occur as individual components of the voided slabs are delivered to the manufacturing site.
Here, the quantity of C[O.sub.2] emitted from transporting a unit of manufactured voided slab is C[O.sub.2]T (kg-C[O.sub.2]/[m.sup.3]); the quantity of material applied in the voided slab is M (i = 1: cement, 2: aggregate, 3: chemical admixture, 4: water, 5: reinforcing bar, 6: HDPE) (kg/[m.sup.3]); the transported load is Lt (tons); the transportation distance is d (km); e is the fuel efficiency of the transportation method (km/L); and C[O.sub.2] emission factor T (kg-C[O.sub.2]/kg) is the C[O.sub.2] emission factor of the energy resource consumed by the transportation method.
'Furthermore, Zonal sensitisation sessions against voided votes will be held in selected states in the six geopolitical zones.
'In each zone, the listed states would be carrying out this sensitisation campaign against voided votes simultaneously for large effect within the zone.'
The mean voided values were 201+-48, 209+-57, 248+-61 ml respectively and there was statistically insignificant increase between the second and third tests.
In our study there was a significant increase of the voided volumes and it can be concluded that with motivation and being experienced, the participants showed greater tolerance to more urine in their bladder.
There was also an insignificant increase in voiding time and flow time and it was probably because of the increase in voided volumes.