Differential between (a) Void Agreement and Illegal Agreement (b) Void Contract and Voidable Contract (c) Void Agreement and Voidable Contract (d) Right in Rem and Right in Personam

Differential between the following:

(a) Void Agreement and Illegal Agreement
(b) Void Contract and Voidable Contract
(c) Void Agreement and Voidable Contract
(d) Right in Rem and Right in Personam




(a) Void Agreement and Illegal Agreement

Basis of DistinctionVoid AgreementIllegal Agreement
DefinitionAn agreement not enforceable by law is void agreement.An illegal agreement is an agreement the object of which is unlawful.
ReasonAn agreement may become void due to many reasons such as; an agreement with an incompetent person, an agreement without consideration.An illegal agreement becomes illegal only when the object of the agreement is not legal i.e. unlawful.
ScopeThe scope of void agreement is wider then illegal agreement. Infact, illegal agreement is a kind of void agreement.All illegal agreements are void agreements. But all void agreements are not illegal agreements.
Punishment for partiesA void agreement may not always result into legal punishment for parties to the contract.The parties to an illegal agreement and liable to punishment by law.

(b) Void Contract and Voidable Contract

a void contract is one that was never legally valid to begin with, voidable contracts may be legally enforceable once underlying contractual defects are corrected.

Basis of DistinctionVoid AgreementIllegal Agreement
DefinitionA contract which was an enforceable contract when entered into, but due to some supervening impossibility of performance, today it has become impossible to perform.A contract which can be avoided by the party whose consent was not free in a contract is called as voidable contract.
ReasonA contract becomes void, due to some subsequent event.A contract becomes a voidable contract when the consent of the party is not free due to misrepresentation or fraud.
ExampleA and B entered into a contract for sale of opium for manufacturing medicines.It was a valid contract.But later the law changed and no two pharmaceutical companies were allowed to buy and sell any drug.Held the contract became void due to change of law.A threats to kill B's wife if he does not sell his land at extra ordinary cheaper rates. Held such  contract can be avoided by B on the plea that his consent was obtained by physical threat i.e. coercion.


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