This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
It may be added that in one sense accuracy of nomenclature is very important. Since ideas are expressed by words, misuse of words is likely to result in confusion of thought. Every legal idea should find expression in a definite and unequivocal form of words; and every technical word or phrase should be limited to one legal idea. In another sense nomenclature is of no importance. If the idea to be conveyed is clearly understood, discussion of the language in which it should be expressed usually involves time and energy that might be better employed. The nomenclature of our law is very defective. Such technical terms as it has are for the most part borrowed from popular language. It is, therefore, rare to find them possessed of that accuracy of meaning that the more artificial terms of science enjoy. Still, as the courts are unwilling to accept suggestions for a more artificial and accurate nomenclature, we must strive to use the terms actually employed with such accuracy as is possible.1
8 See Sec. 1020 et seq.
9 See Sec. 1398 et seq. 10 See ch. XLI.
11 "The distinctions between id and voidable acts need not be discussed. It is rarely that things are wholly void and without force and effect as to all persons and for all purposes, and incapable of being made otherwise. Things are voidable which are valid and effectual until they are avoided by some act; while things are often said to be void which are without validity until confirmed. 10 Bac. Abr. Void and Voidable; Ewell v. Daggs, 108 U. S. 143; Ex parte Lange, 18 Wall. 163;
State v. Richmond, 6 Foster (N. H.) 232; Anderson v. Roberts, 18 Johns. 515; Pearsoll v. Chapin, 44 Penn. St. £; Weeks v. Bridgman, 159 U. S. 541, 40 L. ed. 253.
12 Union Trust Co. v. Preston National Bank, 136 Mich. 460, 112 Am. St. Rep. 370, 4 Am. & Eng. Ann. Cas. 347, 90 N. W. 399.
13 Gordon v. Levine, 107 Mass. 263, 125 Am. St. Rep. 361, 15 L. R. A. (N.S.) 243, 83 N. E. 861.
1 On this subject, see some notes on Terminology in Contract, by Sir W. R. Anson; 7 Law Quarterly Review, 337.