What are the circumstances which reject the contract from being set aside?
A voidable contract does allow the injured party to challenge the contract which may result in the contract being set aside however a contract cannot be set aside in certain circumstances:
- The parties are unable to return to their original position prior to the contract formation RESTITUTIO IN INTERGRUM.
- Either or both parties have carried out the defective contract.
- Lapse of time
A voidable contract means any 3rd party has rights to sold property, unlike a contract which is void.