Legal Definitions - absolute nullity

An absolute nullity refers to a legal act, contract, or proceeding that is so fundamentally flawed or contrary to public policy or law that it is considered to have never legally existed from its very beginning. Such an act cannot be made valid or ratified by the parties involved, and its invalidity can be asserted by anyone at any time, often even by a court on its own initiative. It is inherently void, rather than merely voidable.

• Example 1: Contract for an Illegal Purpose

  Imagine two individuals, Alex and Ben, sign a contract where Alex agrees to pay Ben a large sum of money to illegally hack into a competitor's computer system and steal confidential data. Even though they both signed the agreement, this contract is an absolute nullity.

  Explanation: The purpose of this contract is illegal and violates public policy. Because the underlying act is unlawful, the contract never had any legal standing from the moment it was created. Neither party can enforce it, and it cannot be made valid, as courts will not uphold agreements that facilitate criminal activity.

• Example 2: Bigamous Marriage

  Consider Sarah, who is legally married to Mark. Without divorcing Mark, Sarah participates in a marriage ceremony with David in a different state, believing she can have two spouses. In most jurisdictions, this second marriage between Sarah and David is an absolute nullity.

  Explanation: The second marriage is legally void from the start because a fundamental legal impediment – Sarah's existing, undissolved marriage to Mark – prevents its lawful formation. This type of marriage cannot be ratified or made valid; it simply has no legal effect as a marriage.

• Example 3: Deed Signed by a Deceased Person

  Suppose a property owner, Mr. Henderson, passes away. Unaware of his death, a distant relative attempts to forge Mr. Henderson's signature on a deed to transfer his house to themselves. Later, the forgery is discovered.

  Explanation: Any deed or contract purportedly signed by Mr. Henderson after his death is an absolute nullity. A deceased person lacks the legal capacity to enter into any transaction. The deed is void from its inception and has no legal effect, meaning the property transfer never legally occurred, regardless of any signatures or intentions.