Understanding the Impact of Void and Voidable Contracts on New Mexico Breach of Contract Cases

Imagine contacting a New Mexico breach of contract attorney to assist with your situation only to find out that your document was never valid in the first place and, therefore, is unenforceable. You aren’t able to get the remedies you expected from your breach of contract lawsuit while the damages remain–it’s an awful situation to be in!

At the Sitterly Law Firm, our firm’s only breach of contract lawyer, Nick Sitterly, believes that preventative measures are vital for getting you the compensation you deserve. With a precise legal document that’s been analyzed by an experienced breach contract lawyer, you ensure your safety net in case things go wrong.

However, invalid contracts do nothing but create a sense of false security. Some are “void,” while others are “voidable,” and understanding these distinctions can be critical when dealing with a breach of contract situation. Let’s explore these terms and what’s needed in a valid contract for your protection.

Overview of Elements in a Valid Contract

Several essential elements are fundamental to the validity of a contract. Let’s briefly explore the elements of what makes an enforceable contract.

Offer and Acceptance

For a contract to be valid, one party has to make an offer, and the other party accepts it. If there was never an agreement in the first place, nothing can be enforced.

The contract terms should be clear and specific so there’s no confusion about what’s expected. The acceptance is typically a written signature.

Mutual Intent To Create Legal Relations

Both parties must intend for the agreement to be a real, legal contract. 

While contracts don’t necessarily have to be in the form of a formal written document and can be oral, it’s best to have an agreement in writing that clearly outlines and officializes the contract’s terms.


Consideration is something of value that each party gives or promises to give to the other. This can be money, products, services, and so on. A contract must have an exchange of some kind for there to be an enforceable promise.

Capacity of the Parties

This means that both parties must be old enough and mentally capable of understanding what they’re doing. You can’t make a legal contract with a child, for example.

Legality of the Purpose

The purpose of the contract must be legal. You can’t make a contract to do something illegal, like stealing or harming someone.

These elements together ensure that a contract is valid and legally binding. If any of these elements are missing or unmet, the contract may not hold up in federal courts. 

If that happens, the injured party is not entitled to any compensatory damages or other legal remedies if a supposed breach of contract occurs.

Exploring Void vs. Voidable Contracts

When contract conditions are not met, the contract is typically either void or voidable under certain circumstances. Let’s explore what those terms mean.

Void Contracts

A void contract is one that is fundamentally flawed from the beginning and lacks legal effect. Such contracts are not enforceable, and they are considered null and void. Common examples of void contracts include those involving illegal activities or violating public policy.

Void contracts mean that no matter the extent of the actual damages to the innocent party, there’s nothing the law can do about it.

To avoid void contracts, consult with a contract dispute attorney while you’re forming your contract’s terms and conditions to ensure all conditions are met. There may be legal loopholes you might not know that breach of contract lawyers would be able to identify and understand.

Voidable Contracts

On the other hand, a voidable contract is a valid agreement that can be voided or canceled by one of the parties involved. These contracts may be binding until one party chooses to void them due to factors like misrepresentation, fraud, duress, or incapacity.

In the case of duress, if a party was forced or threatened into the contract, it can be voided. For example, if someone signs a contract under the threat of physical harm, they can later choose to void the agreement.

So, even though there may be an offer and agreement and other valid elements, the circumstances make the contract voidable for a party.

How Void and Voidable Contracts Affect Breach of Contract Cases

The distinction between void and voidable contracts can have a significant impact on your breach of contract cases.

Void contracts are unenforceable from the outset, making it almost impossible to initiate a breach of contract case based on such agreements. If you’re the injured party, this can prove very harmful to you.

To ensure your legal matters are valid, always have contract dispute lawyers look over your documents. Only preventative measures can be taken here.

However, voidable contracts can be challenged by one of the parties after the terms are official, potentially leading to a breach of contract lawsuit.

If you’re facing allegations of breach of contract, understanding the nature of the contract in question is crucial. A breach of contract lawyer like Nick Sitterly can help determine whether the contract is void or voidable and develop a defense strategy accordingly.

In the case of voidable contracts, Nick can explore the grounds for voiding the contract, potentially saving you from a breach of contract lawsuit.

Legal Excuses for Voidabl Contracts

Avoiding breach of contract cases in New Mexico often involves understanding and utilizing legal excuses and defenses.

Having a reputable and tenacious contract dispute attorney by your side in legal proceedings can be immensely beneficial. Nick Sitterly, with his extensive experience and dedication to his clients, is well-equipped to navigate the intricacies of a claim for breach of contract.

The Sitterly Law Firm knows the ins and outs of voidable contracts and common defenses. Let’s explore the possible legal excuses used to void a contract.


Sometimes, unforeseen circumstances make it impossible for a party to fulfill their contractual obligations. In such cases, a breach of contract lawyer can help you establish a valid excuse for non-performance.


As stated earlier, if a party was coerced or threatened into entering a contract, they may have a valid reason to void the contract or claim a breach of contract.


If one party relied on false statements or information when entering the contract, it could be grounds for a breach of contract claim.

Lack of Capacity

Contracts involving individuals lacking legal capacity, such as minors or individuals with impaired mental faculties, may be voidable.

Understanding the differences between these contract types, as well as the available legal excuses and defenses, can be crucial when dealing with contract disputes. 

With the guidance of reputable and trusted lawyers for contract disputes like Nick, you can navigate these complexities and protect your rights effectively. 

Trust a Tenacious New Mexico Breach of Contract Attorney To Fight on Your Behalf

The Sitterly Law Firm is a breach of contract law firm that’s here to provide you with the necessary legal support and representation for your breach issues. Contract dispute lawyer Nick Sitterly has the skills and expertise needed to build a strong case for you and help you take the best legal action. 

With a proven track record of dealing with a broad range of legal issues, including breach of contract elements and intricacies, you can rest assured you’re in good hands. His methods of diligently gathering evidence and advocating for your interests ensure you receive the compensation you rightfully deserve. Regardless of whether it’s a major or minor breach, the Sitterly Law Firm ensures your case ends on favorable terms for you.

Contact New Mexico breach of contract attorney Nick Sitterly for expert legal assistance today.