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Legal Definitions - facially void

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Definition of facially void

Definition: When an instrument (like a contract or deed) is patently void upon inspection of its contents, it is considered facially void. This means that it is of no legal effect and is null.

Example: A contract that seriously offends the law or public policy is considered void ab initio, which means it is null from the beginning. For example, if a contract requires someone to commit a crime, it is void ab initio and cannot be enforced. Another example is a deed that has an insufficient property description, making it unenforceable.

Explanation: The examples illustrate how an instrument can be considered facially void if it is null and of no legal effect. In the case of a contract that requires someone to commit a crime, it is against the law and therefore cannot be enforced. Similarly, a deed with an insufficient property description cannot be enforced because it does not provide enough information about the property in question.

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Simple Definition

A facially void instrument is one that is clearly invalid upon inspection of its contents. This means that it has no legal effect and is considered null. A contract can also be void ab initio, which means it was null from the beginning due to serious violations of the law or public policy. A deed or other property instrument can be void for vagueness if it has an insufficient property description, while a penal statute can be void for indefiniteness if it establishes a requirement or punishment without specifying what conduct is punishable. In general, void means something is completely invalid, while voidable means it can be invalidated under certain circumstances.

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