When is a contract unenforceable?

To be enforceable, a contract must include an offer to enter into an agreement, an acceptance of that offer, and consideration.  To be enforced in a court of law, the contract must both be legally valid and the party against whom enforcement of the contract is sought must not have any valid defenses to breach of contract claims. 

An unenforceable contract is a contract that is valid, but that a court chooses to not enforce. This most often occurs due to one of the following reasons:

  • Lack of Capacity
  • Coercion
  • Undue Influence
  • Misrepresentation and Nondisclosure
  • Unconscionability
  • Public Policy
  • Mistake
  • Impossibility

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