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Under California contract law, which of the following scenarios would most likely render a real estate purchase contract VOID rather than merely voidable?

Correct Answer

C) The contract was formed for the purpose of committing an act prohibited by California law

Under California Civil Code §1667 and §1598, a contract formed for an unlawful purpose — including one that is contrary to an express provision of law or against public policy — is void ab initio, meaning it has no legal effect from the outset and cannot be ratified or enforced by either party. This distinguishes it from voidable contracts, which remain valid until the injured party elects to rescind.

Answer Options
A
One party was 17 years old at the time of signing and has not yet disaffirmed the contract
B
One party signed after being threatened with physical harm by the other party
C
The contract was formed for the purpose of committing an act prohibited by California law
D
One party was induced to sign through the other party's fraudulent misrepresentation of material facts

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Related Topics & Key Terms

Key Terms:

voidable_contractcontract_validityEXCEPTduressfraud
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