Ab Initio

The legal maxim 'Ab Initio' refers to a legal principle indicating that something is considered to be invalid from the start or inception. It is often used to denote that a contract or legal action is void from the moment it was created due to illegality or lack of capacity.

The term 'ab initio' has its roots in Latin and has been utilized in legal contexts for centuries, particularly in English common law. Its application can be traced back to old Roman legal principles.

In modern law, 'ab initio' is employed in various contexts, such as when a contract is deemed unenforceable due to fraud or misrepresentation. Courts may declare that a legal transaction is null and void ab initio, affecting the rights and obligations of the parties involved as though it never occurred.

• A contract signed under duress is considered void ab initio, meaning it is legally treated as though it never existed.
• If a person enters into a legal agreement without the legal capacity to do so, such as a minor, the agreement may be ruled to be void ab initio.

• Corpe v Overton (1833) - This case established the principles surrounding contracts being void ab initio.