What is the difference between a void contract and a voidable contract?
A contract that is void means technically that there never was a
contract. There are few times when this remedy is available
including if there was a mistake, the contract was entered into
under duress, or that the contract was never properly formed.
A contract that is 'voidable' is when there has been a
misrepresentation or a mistake that allows the innocent party to
decide whether the contract will be affirmed, or 'rescinded'.
Rescinding a contract has the same effect as if it were void (puts
the parties back to where they were as if the contract had never
been formed), but the key differences are that it is a choice
whether to rescind or affirm and then sue for damages for
expectation. Also, rescission is not available in some particular
situations: where there are third parties involed, when the
contract has already been affirmed, when it is impossible to put
the parties back to where they were before the contract was formed,
or where the rescission was not done in a reasonable time.