An attempted contract that is made for an illegal purpose or that is against public policy cannot be enforced by either party and is void. In contrast, a contract that is made by a minor (usually under age 18), or that is based on a mutual mistake, or that was made on the basis of a fraudulent misrepresentation by one party, is voidable and may be rejected by a party who was at a disadvantage when the contract was made. A voidable contract may also be ratified and accepted by such a party—after a child reaches the age of majority (usually 18), or the parties become aware of their mutual mistake, or a party learns of the other party’s misrepresentation and proceeds with performance of the contract.
In Georgia, contracts made for illegal purposes or against public policy are void and unenforceable. This aligns with general contract law principles that deem contracts with illegal intent or that violate public policy as void ab initio, meaning they are considered invalid from the outset. On the other hand, contracts involving minors, mutual mistakes, or fraudulent misrepresentations are categorized as voidable. In Georgia, the age of majority is 18, and contracts entered into by minors are generally voidable by the minor upon reaching the age of majority. However, such contracts can be ratified by the minor once they turn 18. Similarly, contracts based on mutual mistakes or fraudulent misrepresentations can be voided by the disadvantaged party, but they also have the option to ratify the contract upon discovering the mistake or misrepresentation. It's important to note that specific statutes and case law can modify these general principles, and an attorney can provide detailed guidance based on the particular circumstances of a contract dispute in Georgia.