In this CLE webinar a panel of skilled practitioners assembled by The Knowledge Group, will discuss the newly approved 2014 Voidable
Transactions Act (UVTA) and the Significant Amendments for Conflict Laws, review difficulties faced by practitioners under the current law; and provide guidance in addressing fraudulent transfers.
The law provides various circumstances in which an obligation or contract may be void or voidable
Supreme Court, in a seven-to-one decision authored by Justice Scalia, made clear that the distinction between void and voidable
was irrelevant under Prima Paint or other Supreme Court decisions.
In the past the courts regarded marriages that did not comply with the requirements to be voidable
in order to ensure at least some protection to the families of the different marriages.
One consequence of making contracts voidable
rather than void is that third parties have a greater chance for protection for any reasonable reliance on a contract formed under duress.
Under the common law, a contract with an infant is merely voidable
by the infant, but the CARD Act renders a credit card contract with an infant void even if she would have preferred to abide by it.
727, 734 (2005) ("[W]hen one party misrepresents its case or otherwise engages in impermissible conduct, a plea bargain might be voidable
In short, these are provisions providing that if any one provision of an act is void, voidable
, or unconstitutional, all of the remaining provisions of the act shall remain in full force and effect.
recipient is justified in relying, the contract is voidable
Id at 104, 776 NE2d at 202 ("[T]he allegation that the judgment or order is void substitutes for and negates the need to allege a meritorious defense and due diligence"); In re Custody of Ayala, 344 Ill App 3d 574, 583-84, 800 NE2d 524, 534 (1st D 2003) (distinguishing between void and voidable
For marriage conducted between 16 and 18 years, it should be made voidable
based on certain considerations.
Now in most cases contracts can become voidable
under certain circumstances.