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 West Virginia, a contract created for an illegal purpose or against public policy is considered void and unenforceable by law. Neither party can seek legal recourse to enforce such a contract. On the other hand, contracts involving minors, those based on mutual mistakes, or those formed under fraudulent misrepresentation are categorized as voidable. This means that the disadvantaged party has the option to either reject or ratify the contract. For instance, a minor in West Virginia can disaffirm a contract before reaching the age of majority (18 years) or within a reasonable time after turning 18. However, if the minor or any party disadvantaged by a mutual mistake or fraud chooses to continue with the contract upon reaching the age of majority, becoming aware of the mistake, or discovering the fraud, the contract is considered ratified and thus enforceable.