An attempted contract that is made for an illegal purpose or that is against public policy cannot be enforced by either party and is void. In contrast, a contract that is made by a minor (usually under age 18), or that is based on a mutual mistake, or that was made on the basis of a fraudulent misrepresentation by one party, is voidable and may be rejected by a party who was at a disadvantage when the contract was made. A voidable contract may also be ratified and accepted by such a party—after a child reaches the age of majority (usually 18), or the parties become aware of their mutual mistake, or a party learns of the other party’s misrepresentation and proceeds with performance of the contract.
In Washington State, contracts made for illegal purposes or against public policy are considered void and unenforceable. This means that if a contract involves activities that are illegal or deemed harmful to society, neither party can seek legal recourse to enforce the terms of the contract. On the other hand, contracts that involve minors (typically under the age of 18), are based on mutual mistakes, or are created due to fraudulent misrepresentation by one of the parties, are categorized as voidable. Voidable contracts can be rejected or affirmed by the disadvantaged party. For instance, a minor can choose to disaffirm a contract upon reaching the age of majority, which is usually 18 years old. Similarly, parties can reject a contract if they discover a mutual mistake or if one party learns of a fraudulent misrepresentation by the other. However, if the disadvantaged party decides to ratify the contract—by continuing with the performance or explicitly agreeing to the terms after becoming aware of the mistake or misrepresentation—the contract becomes valid and enforceable.