Dictionary Search: "Void" - Pakistan Law Portal

Avoid

ub. To render void <because the restrictive covenant was overbroad, the court avoided it>. 0 because this legal use of avoid can be easily confused with the ordinary sense of the word, the verb to void is preferable.

Avoidable-consequences doctrine

see mitigation-of-damages doctrine. Avoidable cost see cost (i).

Avoidance

n. 1. The act of evading or escaping <avoidance of tax liability>. See tax avoidance. 2. The act of refraining from (something) <avoidance of an argument>. 3. Voidance <avoidance of the agreement>. 4. Confession and avoidance <the defendant filed an avoidance in an attempt to avert liability>. -avoid, ub.

Void

adj. 1. Of no legal effect; null. ( The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever - those that are an absolute nullity. - void, avoid, vb. - voidness, n.

Voidable

adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. 9 This term describes a valid act that may be voided rather than an invalid act that may be ratified. -voidability, n.

Voidance

, n. The act of annulling, canceling, ur making void. - Also termed avoidance.

avoidable cost

A cost that can be averted if production is held below a certain level so that additional expenses will not be incurred.

been avoided

See MITIGATION-OF-DAMAGES DOCTRINE.

confession and avoidance

A plea in which a defendant admits allegations but pleads additional facts that deprive the admitted facts of an adverse legal effect. * For example, a plea of contributory negligence (before the advent of comparative negligence) was a confession and avoidance. - Also termed avoidance; plea in confession and avoidance; plea of confession and avoidance.

facially void

(Of an instrument) patently void upon an inspection of the contents. -Also termed void on its face.

lien avoidance

Bankruptcy. A debtor's depriving a creditor of a security interest in an asset of the bankruptcy estate. 11 USCA §§ 506(d), 522(f).

plea in confession and avoidance

See CONFESSION AND AVOIDANCE.

plea of confession and avoidance

See CONFESSION AND AVOIDANCE.

tax avoidance

The act of taking advantage of legally available tax-planning opportunities in order to minimize one's tax liability. Cf. TAX EVASION.

unavoidable accident.

An accident that cannot be avoided because it is produced by an irresistible physical cause that cannot be prevented by human skill or reasonable foresight. 0 Examples include accidents resulting from lightning or storms, perils of the sea, inundations or earthquakes, or sudden illness or death. Unavoidable accident has been considered a means of avoiding both civil and criminal liability. - Also termed inevitable accident; pure accident; unavoidable casualty. Cf. ACT OF GOD."An unavoidable accident is an occurrence which was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of reasonable precautions. That is, an accident is considered unavoidable or inevitable at law if it was not proximately caused by the negligence of any party to the action, or to the accident." W. Page Keeton et al., The Law of Torts § 29, at 162 (5th ed. 1984).Uniform Probate Code § 6-201(5).

unavoidable casualty

See unavoidable accident under ACCIDENT.

unavoidable cause

A cause that a reasonably prudent person would not anticipate or be expected to avoid.2. A ground for legal action <the plaintiff does not have cause to file suit>.

unavoidable danger

1. Inescapable danger. 2. A danger that is unpreventable, esp. by a person operating a vessel.

unavoidable-accident doctrine

Torts. - The rule holding no party liable for an accident that was not foreseeable and that could not have been prevented by the exercise of reasonable care. ( The modern trend is for courts to ignore this doctrine, relying instead on the basic concepts of duty, negligence, and proximate cause. - Also termed inevitable-accident doctrine.

void ab initio

Null from the beginning, as from the first moment when a contract is entered into. ( A contract is void ab initio if it seriously offends law or public policy, in contrast to a contract that is merely voidable at the election of one party to the contract. [latin] Hist An outcry ; HUE AND CRY

void agreement

see void contract under contract.agreement of imperfect obligation. see unenforceable contract under contract. agreement of rescission. see rescission (2).

void contract

1.A contract that is of no legal effect, so that there is really no contract in existence at all."Strictly speaking, a 'void contract' is a contradiction in terms; for the words describe a state of things in which, despite the intention of the parties, no contract has been made. Yet the expression, however faulty, is a compendious way of putting a case in which there has been the outward semblance without the reality of contract." William R. Anson, Principles of the Law of Contract 18 (Arthur L. Corbin ed., 3d Am. ed. 1919).

void for indefiniteness

See void for vagueness under VOID.

void for vagueness

See VOID.

void judgment

A judgment that has no legal force or effect, the invalidity of which may be asserted by any party whose rights are affected at any time and any place, whether directly or collaterally. ( From its inception, a void judgment continues to be absolutely null. It is incapable of being confirmed, ratified, or enforced in any manner or to any degree. One source of a void judgment is the lack of subject-matter jurisdiction. judgmental immunity See ERROR-OF-JUDGMENT RULE.

void legacy

A legacy that never had any legal existence. ( The subject matter of such a legacy is treated as a part of the estate and passes under the residuary clause of a will or (in the absence of a residuary clause) under the rules for intestate succession.

void marriage

See MARRIAGE (1)

void on its face

See facially void under VOID.

void process

Legal process that, in some material way, does not comply with the required form. 3. Patents. A method, operation, or series of actions intended to achieve some end or result. Cf. MACHINE; MANUFACTURE. "A process is a way of doing something. If it is a patentable process, it must be a new, useful, and nonobvious way of doing something. If the process is patentable, the result of that process - the something getting done - need not of itself be new, useful, or nonobvious. In other words, the result of an inventive process need not be an invention itself." Arthur R. Miller & Michael H. Davis, Intellectual Property in a Nutshell 24 (2d ed. Isso).

void-for-vagueness doctrine

See VAGUENES; DOCTRINE; void for vagueness under VOID.

voidable agreement

see voidable contract under contract.

voidable contract

A contract that can be affirmed or rejected at the option of one of the parties; a contract that is void as to the wrongdoer but not void as to the party wronged, unless that party elects to treat it as void."A voidable contract is a contract which, in its inception, is valid and capable of producing the results of a valid contract, but which may be 'avoided', i.e. rendered void at the option of one for even, though rarely, of both) of

voidable judgment

See JUDGMENT.

voidable judgment.

A judgment that, although seemingly valid, is defective in some material way; esp., a judgment that, although rendered by a court having jurisdiction, is irregular or erroneous.

voidable marriage

A marriage that is initially invalid but that remains in effect unless terminated by court order. ( For example, a marriage is voidable if either party is underage or otherwise legally incompetent, or if one party used fraud, duress, or force to induce the other party to enter the marriage. The legal imperfection in such a marriage can be inquired into only during the lives of both spouses, in a proceeding to obtain a judgment declaring it void.

voidable preference

See PREFERENTIAL TRANSFER

voidable promise

A promise that one party may, under the law, declare void by reason of that party's incapacity or mistake, or by reason of the fraud, breach, or other fault of the other party.

voidable promise.

See PROMISE.

voidable transfer.