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 Maryland, contracts made for illegal purposes or against public policy are considered void and unenforceable. This means that if a contract involves activities that are illegal or deemed harmful to society, it cannot be upheld in a court of law. On the other hand, contracts that involve minors, mutual mistakes, or fraudulent misrepresentations are categorized as voidable. This implies that the disadvantaged party has the option to either reject or ratify the contract. For instance, a minor in Maryland can disaffirm a contract before reaching the age of majority (18 years old) or within a reasonable time after turning 18. However, if the minor or the disadvantaged party chooses to ratify the contract upon reaching the age of majority, becoming aware of the mistake, or discovering the misrepresentation, the contract becomes valid and enforceable. It's important to note that specific circumstances and additional rules may apply, and consulting with an attorney can provide guidance tailored to the individual case.