Dictionary Search: "Voidable" - Pakistan Law Portal

Avoidable-consequences doctrine

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

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.

avoidable cost

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

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.

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.