What can lead to a contract being considered voidable?

A contract is considered voidable when it is valid and enforceable on its face, but one or more parties have the option to affirm or rescind it due to certain circumstances. One common reason for a contract to be voidable is the lack of free consent from a party involved in the agreement. This lack of consent could arise from factors such as misrepresentation, undue influence, duress, or mistake. If a party did not genuinely agree to the terms of the contract due to these conditions, they have the right to void the contract.

In contrast, when all parties agree to the terms, the contract is typically binding and not voidable since mutual consent is a fundamental aspect of contract formation. Non-disclosure of terms can lead to issues such as misrepresentation but does not automatically render the contract voidable unless it can be shown that the non-disclosure significantly impacted the consenting party's decision. The presence of witnesses does not affect the validity of consent; it primarily serves to provide evidence of the agreement rather than influence its enforceability. Therefore, lack of free consent is the critical factor that can lead to a contract being classified as voidable.