Ab Initio – From the beginning.
Meaning of Ab Initio
Ab Initio is a Latin term which literally means “from the beginning.” In legal context, it refers to something that is considered invalid or void from the outset, rather than being invalidated at a later stage.
Essentially, if an act, contract, or agreement is void ab initio, it is treated as if it never existed.
It is different from something that is voidable, which is valid until it is annulled or avoided.
Key Points
Void from the beginning: No legal effect ever existed.
Different from voidable: A voidable contract can be valid until canceled; an ab initio act is null from the start.
Application: Commonly applied in contract law, property law, and certain criminal law contexts.
Examples
Contract Law:
If a contract is formed through fraud or misrepresentation, it may be declared void ab initio.
Example: A contract to sell stolen property is illegal and void ab initio, meaning it has no legal effect from the start.
Marriage Law:
A marriage may be declared void ab initio if it was entered into under coercion or if prohibited by law, such as a bigamous marriage.
Criminal Law:
Actions taken under invalid authority or unlawful orders can be treated as void ab initio.
Case Law Illustrations
Kartar Singh v. State of Punjab (AIR 1961 SC 1788)
Facts: The case involved a contract that was claimed to be illegal.
Judgment: The Supreme Court held that contracts contrary to public policy are void ab initio. They are treated as having no legal existence from the beginning.
Foster v. Driscoll (1929) 1 KB 470 (UK)
Facts: The parties entered into a contract to undertake activities that were illegal under foreign law.
Judgment: The court held the contract was void ab initio, as it involved illegal activity from the outset.
Importance of Ab Initio
Protects legal system from recognizing illegal or unlawful acts.
Ensures fairness by treating certain acts or contracts as never existing.
Provides clarity in disputes where parties claim rights under an act that was never legally valid.
In short:
Ab initio means “from the beginning.” In law, it signifies that an act, contract, or agreement is void from the outset and has no legal effect whatsoever.
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