What is invalidity and how does invalidity work? Learn more about the definition here with Contractbook.
What is invalidity?
Invalidity is when a contract is no longer enforceable and thus becomes void. There are several reasons that invalidity may occur. One such instance would be if the contract was pertaining to illegal activities or if the agreement was against a public policy. However, if the contract became impossible to complete or if the wording in the contract was too vague that it was incomprehensible, it could also be deemed invalid. Another big reason that an agreement may be deemed invalid is if it was signed under duress or through misrepresentation and fraudulent means.
How does invalidity work?
As invalidity works by making an effective contract ineffective, there needs to be grounds to deem it ineffective in the first place. That could be due to one of the reasons named above. However, it is also necessary to check that any agreements made are totally invalid in their entirety instead of just one clause within that agreement. It will be down to how the contract is worded and what both parties initially agreed to if that is the case. For, should a contract be worded in such a way that each paragraph or clause can be unique or severable, it means that any section of that contract can be deemed invalid and unenforceable. At the same time, the rest of the provisions remain valid and enforceable.
More specifically, when it comes to the notion of patent invalidity, there can be a patent invalidity search. Such a search is run to identify any documentation that may impact a patent or a patent application. It could be that documentation is found that could block a patent from being granted. Patent invalidation is when a patent that is already registered or granted is revoked.
Advantages of invalidity
An invalidity definition that gives a clear invalidity meaning helps underline why invalidity is such a critical notion when it comes to contracts. For starters, given that entire contracts can be revoked if they were found to be signed under duress or misrepresentation, it establishes a strong, legal grounding for the contract from the outset. Therefore, it helps a contract become the powerful asset that contracts can be when used properly. If a contract could be upheld when it was signed in a fraudulent way, any results from the contract may not be as high a quality as they could have been.
Contractbook and invalidity
Given how contracts can become invalid and sometimes void so that both parties can walk away from an agreement, it is vital to ensure that contracts are well written so that there is no legal basis for declaring a contract invalid.
Contractbook can help in the quest for this as we have a library of contract templates that have all been designed by industry experts. Using one of our templates means that there is never any fear that a contract could be called invalid on either side. It makes all contracts far more reliable, but simply creating a reliable contract is a much faster exercise too.