voidable
a . 可使無效的,得撤銷的
可使無效的,得撤銷的
voidable adj 1 :
capable of being rescinded or voided ; "
the judgment was rescindable "; "
voidable contracts " [
synonym : {
rescindable },
{
voidable }]
Voidable \
Void "
a *
ble \,
a .
1 .
Capable of being voided ,
or evacuated .
[
1913 Webster ]
2 . (
Law )
Capable of being avoided ,
or of being adjudged void ,
invalid ,
and of no force ;
capable of being either avoided or confirmed .
[
1913 Webster ]
If the metropolitan . . .
grants letters of administration ,
such administration is not ,
but voidable by sentence . --
Ayliffe .
[
1913 Webster ]
Note :
A voidable contract may be ratified and confirmed ;
to render it null and of no effect ,
it must be avoided ;
a void contract can not be ratified .
[
1913 Webster ]
VOIDABLE .
That which has some force or effect ,
but which ,
in consequence of some inherent quality ,
may be legally annulled or avoided .
2 .
As a familiar example ,
may be mentioned the case of a contract ,
made by an infant with an adult ,
which maybe avoided or confirmed by the former on his coining of age .
Vide Parties ,
contracts .
3 .
Such contracts are generally of binding force until avoided by the party having a right to annul them .
Bac .
Ab .
Infancy ,
1 3 ;
Com .
Dig .
Enfant ;
Fonb .
Eq .
b .
1 ,
c .
2 ,
Sec .
4 ,
note b ;
3 Burr .
1794 Nels .
Ch .
R .
5 5 ;
1 Atk .
3 5 4 ;
Str .
9 3 7 ;
Perk .
Sec .
12 .
VOIR .
An old French word ,
which signifies the same as the modern word vrai ,
true .
Voir dire ,
to speak truly ,
to tell the truth .
2 .
When a witness is supposed to have an interest in the cause ,
the party against whom he is called has the choice to prove such interest by calling another witness to that fact ,
or be may require the witness produced to be sworn on his voir dire as to whether he has an interest in the cause ,
or not ,
but the party against whom he is called will not be allowed to have recourse to both methods to prove the witness interest .
If the witness answers he has no interest ,
he is competent ,
his oath being conclusive ;
if he swears he has an interest ,
he will be rejected .
3 .
Though this is the rule established beyond the power of the courts to change ,
it seems not very satisfactory .
The witness is sworn on his voir dire to ascertain whether he has an interest ,
which would disqualify him ,
because he would be tempted to perjure himself ,
if he testified when interested .
But when he is asked whether he has such an interest ,
if he is dishonest and anxious to be sworn in the case ,
he will swear falsely he has none ,
and his answer being conclusive ,
he will be admitted as competent ;
if ,
on the contrary ,
he swears truly he has an interest ,
when he knows that will exclude him ,
he is told that for being thus honest ,
he must be rejected .
See ,
generally ,
12 Vin .
Ab .
48 ;
22 Vin .
Ab .
14 ;
1 Dall ,
375 ;
Dane '
s Ab .
Index ,
h .
t .;
and Interest .
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