Under what condition can a contract be declared void?

A contract can be declared void if it is formed under fraudulent misrepresentation because such a situation undermines the very foundation of the agreement. In Texas contract law, for a contract to be enforceable, all parties must have a clear and truthful understanding of the terms and conditions. When one party is misled through false statements or deceit, their consent is not genuinely informed. This leads to a lack of mutual assent, which is essential for the validity of a contract.

Fraudulent misrepresentation can involve deliberate lies, omissions of crucial information, or a failure to disclose pertinent facts that would influence a party's decision to enter the contract. Because the misrepresented information distorts the reality of the agreement and affects the decision-making process, the affected party has the right to void the contract. In contrast, contracts based solely on verbal agreements or those entered into with mutual understanding do not inherently negate validity; they can be enforceable depending on circumstances, provided there is mutual consent and consideration. Similarly, not every contract must be in written form to be valid unless specific statutes dictate otherwise.