In contract law does void 0r breach mean the same thing?

Answer 1

Actually, the previous answer was not quite right:

A "void contract" is a contract that cannot be enforced because of some defect that occurred at or before the formation of the contract. For parties that have not followed the terms of the contract, establishing that the contract was "void" is a complete defense. It's like saying that the contract never existed.

A breach of contract, however, necessarily occurs after the formation of a valid contract, and it's not a defense, but a cause of action. A party who breached a contract owes the other party damages resulting from the breach.

Many contracts are also "voidable," which means that they are not inherently void and unenforceable, but that can become such at the disadvantaged party's option.

Here are just a few examples of void, voidable, and breached contracts:

• VOID: A contract that violates the "Statute of Frauds." For example, an oral contract for the sale of land.
• VOIDABLE: A contract made with someone who does not have the capacity to contract, like a child or a mentally ill person.
• BREACH: A contract specifies that X is to paint Y's house, and Y is to pay X $100. X paints Y's house, but Y refuses to pay X $100. Assuming the contract was valid at the time of formation, Y breached and owes X $100.

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I'm not an attorney, but the meanings of the words are clear enough. When a contract is void, it simply means that the contract has no affect. Neither party is required to honor it any longer. I rent an apartment and I purchase renter's insurance. In the middle of the contract period, I move. The original contract becomes void. I can't make a claim from my new apartment if the insurance company never knew I moved. Also, I can request pro-rated premium back, since when I moved, the contract was rendered void.

Now I sign a contract and I agree to do some painting for a guy. He gives me half payment, with full payment at the end of the job. I do a quarter of the job and skip town. That's a breach.