合同与履行第 860 / 1605 题

A 'voidable' contract differs from a 'void' contract in that a voidable contract:

a.Is valid and enforceable unless the party with the power to do so elects to disaffirm it
b.Has no legal effect whatsoever from the beginning
c.Can never be enforced by anyone
d.Must always be in writing

解析

A voidable contract is a valid, enforceable contract that one party has the legal power to affirm or to disaffirm (cancel), for reasons such as minority, fraud, duress, or undue influence. Until that party elects to void it, the contract remains in force. A void contract, by contrast, has no legal effect at all from the start, for instance because its object is illegal. Voidability is not determined by whether the contract is written.

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