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HomeCivil CodeDiv. 3Pt. 1Ch. 3§ 1441 Void Contract Conditions

§ 1441 Void Contract Conditions

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1441 Void Contract Conditions

This law says that if a contract asks you to do something impossible, illegal, or completely against what the contract is for, that part of the contract doesn't count.

Key Takeaways

  • •If a contract asks you to do something impossible, that part isn't valid.
  • •If a contract asks you to do something illegal, that part isn't valid.
  • •If a contract has a rule that goes against what the contract is for, that rule isn't valid.

Example

You sign a contract to buy a magic flying carpet that doesn't exist.

The part of the contract that says the seller will give you a flying carpet is impossible, so it doesn't count. You don't have to pay for something that can't exist.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1441 Void Contract Conditions

A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is repugnant to the nature of the interest created by the contract, is void. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

impossibleunlawfulrepugnant to the nature of the interest created by the contractvoid

Related Statutes

  • § 1598 Void Unlawful Contracts
  • § 1599 Partial Contract Validity
  • § 1608 Unlawful Contract Consideration Void
  • § 1135 Ship Interest Transfer Rules
  • § 1140 Molder-Customer Die Ownership

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1441.
View Official Source