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 North Carolina, contracts made for illegal purposes or against public policy are considered void and unenforceable. This means that if the nature of the contract involves activities that are illegal or deemed harmful to society, neither party can seek legal recourse to enforce the terms of the contract. On the other hand, contracts that involve minors, mutual mistakes, or fraudulent misrepresentations are categorized as voidable. This designation allows the disadvantaged party, such as a minor, a party to a mutual mistake, or a victim of fraud, to either reject or ratify the contract. In the case of minors, once they reach the age of majority, which is typically 18 years old, they can choose to affirm or disaffirm the contract. Similarly, parties who discover a mutual mistake or fraudulent misrepresentation can decide to continue with the contract or to rescind it. It's important to note that specific circumstances and additional legal principles may affect the enforceability of such contracts, and an attorney can provide guidance tailored to the individual case.