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 Distinction | Void Agreement | Illegal Agreement |
| Definition | An agreement not enforceable by law is void agreement. | An illegal agreement is an agreement the object of which is unlawful. |
| Reason | An 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. |
| Scope | The 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 parties | A 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.
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.
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