We learned that a minor glitch in one of the 3 elements is not necessarily fatal–that a problem–or BREACH of Contract, has to be a “Material Breach” to make the contract “Voidable.”

Voidable contracts are not worthless on their face–they are “Voidable” meaning one party can legally terminate the contract without legal ramifications. In the absence of termination, the contract remains enforceable. A “Void” contract is different–avoid contract is void on its face and not enforceable. A “Voidable” contract would be a contract to purchase a “Time machine.” If the seller does not produce an actual working Time Machine, the buyer has the right to tell him to buzz off–and not pay him, thus voiding the contract.
A “Void” contract is not enforceable and never was–but in some cases can be in the future. Can you think of any examples? What if you sell your neighbors 12 year old a lawn mower for a grossly inflated price–thrilled that you “Outsmarted the little idiot.” Well, you may be thinking it’s the inflated price that blew the deal–but it’s actually the age of the buyer. Contracts to sell goods to minors are void on their face–Minors are considered legally insane (non compis mentis) and thus unable to enter into a contract.

How in the world could that become enforceable in the future?

Well, if the 12 year old is making payments on the $80,000.00 lawn mower every month like clockwork–when he becomes of age and makes another payment–it becomes an enforceable contract. How screwed up is that?

What if the contract is for sexual services? You have an offer, acceptance and consideration, right? Contracts to purchase illegal goods or services are “Void.” Not Voidable–they are unenforceable because they are illegal. You buy a quarter bag from your neighbor and he sells you Oregano? Call the cops? Hardly. Though I did see one episode of “Cops” where the lady bought a $20.00 rock of crack from a lady who stiffed her. Unbelievable. The contract is not enforceable if the goods or services being purchased are not legal in the first place. So next time you feel like you didn’t get your money’s worth from your, um, escort–leave it alone, my friend…..leave it alone.
I am a Christian and want you to know that we all make ridiculous mistakes–so when I tell these stories I am not condoning that behavior–just telling you whether it’s legal or not. The years I did Criminal Defense work showed me that all of us are fallen, so don’t even THINK about pointing your finger at anyone but yourself. I can’t, and you don’t either.

60% of Practice Devoted to Litigation

Bar Admissions:

Texas, 1996

Education:

St. Mary’s University School of Law, San Antonio, Texas, 1996
Honors: Inducted into the Order of Barristers
Honors: Senator of St. Mary’s School of Law
Honors: Member of Million Dollar Advocates Forum
Honors: President of Mock Trial organization
Honors: Big Brother’s Program for 12 years

Past Employment Positions:

US Attorney, 5th Circuit, Law Clerk
5th Circuit, Federal Public Defender

Fraternities/Sororities:

Phi Alpha Delta

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