FL Voidable Contract: Optional Avoidance Right
FL optional avoidance: only the defrauded/duressed/minor/incapacitated party can choose to enforce or avoid. Other party bound regardless. Exercise: written notice (grounds, intent, demand return), other agrees or lawsuit (rescission + restitution + damages). Act promptly and in good faith. Waiver: ratification (affirm, continue performing, accept benefits, delay), estoppel, and third-party reliance (may limit to damages). Court balances equities. Right is personal (guardian can exercise).
The Right
- Only affected party can avoid
- Other party bound
- Personal, non-assignable
Exercise
- Written notice
- Return consideration
- Lawsuit if refused
Waiver
- Ratification, estoppel
- Third-party reliance
- Court balances equities
Related Terms
- Voidable Contract — Overview
Barnes Walker Business Law
Barnes Walker’s attorneys handle FL contract avoidance. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC