ContractsIntermediateDelaware Exam
A Delaware real estate contract that requires an illegal act is considered:
AVoidable at the option of either party
BVoid — it has no legal force from inceptionCorrect
CEnforceable if both parties agreed
DValid until challenged in court
Why Void — it has no legal force from inception Is Correct
Answer B: Void — it has no legal force from inception
A contract requiring an illegal act lacks one of the essential elements (legal purpose/lawful object) and is therefore void — it has no legal force whatsoever and cannot be ratified or enforced by either party.
Exam Tip: Contracts
Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.
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