Contracts, 12% of the examination
Void and voidable
A void contract never had legal effect. A voidable contract is valid until the party with the power to escape elects to disaffirm it.
An unlawful object makes a contract void. Fraud, duress, menace, undue influence, and mistake can make a contract voidable at the option of the injured party. A minor's contract is generally voidable by the minor rather than by the adult, subject to statutory exceptions. The practical distinction is whether an agreement never had legal effect or remains effective until the protected party disaffirms it.
Test the distinction
A relevant question from Contracts, selected because its facts or explanation use this concept.
Which contract is void rather than voidable?
Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.