An action that never has legal effect from the beginning is called as: 

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JK High Court Junior Assistant Official Paper (Held On: 29 Apr, 2024)
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  1. Unfulfilled 
  2. Voidable
  3. Void ab initio 
  4. Valid 

Answer (Detailed Solution Below)

Option 3 : Void ab initio 
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Detailed Solution

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The correct answer is Void ab initio.

Key Points

  • Void ab initio is a Latin term that means "void from the beginning."
  • An action or contract that is declared void ab initio is considered as never having any legal effect from the outset.
  • It implies that the contract or action was invalid from its inception and not just from the time it was declared void.
  • This is different from a voidable contract, which is initially valid but can be declared void by one of the parties under certain conditions.
  • Common reasons for a contract being void ab initio include illegality, lack of capacity, or absence of essential elements such as consent.

Additional Information

  • Voidable Contract
    • A contract that is valid and enforceable on the surface but may be voided by one party if certain conditions are met.
    • Examples include contracts signed under duress or involving fraud.
    • Until voided, such contracts are considered valid and binding.
  • Valid Contract
    • A contract that meets all the essential elements required by law and is enforceable in a court of law.
    • Key elements include offer, acceptance, consideration, and mutual consent.
  • Unenforceable Contract
    • A contract that is valid but cannot be enforced in a court due to some technical defect or the expiration of the statute of limitations.
    • Such contracts may become enforceable if the defect is corrected.
  • Illegal Contract
    • A contract that involves actions that are against the law or public policy and is void from the outset.
    • Examples include contracts for illegal activities such as drug trafficking or prostitution.
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