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ab initio

Latin · ab in-ISH-ee-oh · Latin maxims and phrases

Meaning. From the beginning; treated as having had no legal effect from the very start.

A thing void ab initio is treated in law as if it never existed. Nothing was validly created, so nobody can ratify it or enforce it, and nobody needs a court to set it aside first, though a declaration is often sought for clarity.

Contrast voidable: a voidable contract or marriage is valid until the party with the option avoids it. A minor's agreement is void ab initio; a contract induced by coercion is only voidable. The phrase also appears in “trespass ab initio”, where a lawful entry becomes wrongful from the start because of later abuse.

Example

Since a minor cannot contract, the mortgage he executed was void ab initio and the lender could not recover the advance under it.

In Indian law

  • Section 2(g), Indian Contract Act, 1872 (an agreement not enforceable by law is void)
  • Section 11, Hindu Marriage Act, 1955 (void marriages)
  • Mohori Bibee v. Dharmodas Ghose (Privy Council, 1903): a minor's agreement is void ab initio

See also

void ab initio · void agreement · voidable contract · trespass ab initio

Read more in the study notes

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