A void contract can be one in which any of the prerequisites of a valid contract is / are absent for example if there is no contractual capacity, the contract can be deemed as void.
22.
Interpretations of bankruptcy law over the years have barred the use of bankruptcy proceedings solely to void contracts, but in some cases those filing for bankruptcy have been able to nullify or modify contractual obligations as a result.
23.
Thus for the law of New York to hold that there is a remedial constructive trust where a payment has been made under a void contract gives rise to different consequences from holding that an institutional constructive trust arises in English law.
24.
Hopkins has won previous suits against former manager Butch Lewis and ex-promoter Dan Goossen to void contracts with them but both feel they never received justice and contend Hopkins is a paranoid man who believes the only person who should get paid in this business is him.
25.
First, there is no general rule that the property in money paid under a void contract does not pass to the payee : and it is difficult to escape the conclusion that, as a general rule, the beneficial interest to the money likewise passes to the payee.
26.
After considering all the authorities the Court was satisfied that the bank could enforce a valid claim for money had and received under the law of restitution, and could claim the return of the sums advanced under the void contract ( plus interest ) on the basis of failure of consideration.
27.
"' Corrigan v . Buckley "'271 U . S . 323 ( 1926 ) was a Supreme Court case in 1926 that ruled that the racially restrictive covenant of multiple residents on S Street NW, between 18th and New Hampshire Avenue, was a legally binding document which made the selling of a house to a black family a void contract.
28.
Therefore, although in the present case the only question directly in issue is the personal liability of the local authority as a trustee, it is not possible to hold the local authority liable without imposing a trust which, in other cases, will create property rights affecting third parties because monies received under a void contract are " trust property ."
29.
Given that Guinness's claim must be one for the recovery of money paid to Mr . Ward under a void contract and received by him as a constructive trustee, there is no question of his being able to claim relief from liability for breach of duty, as might have been the case if Guinness's claim had been founded upon breach by Mr . Ward of his duty of disclosure.
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