What Contracts are Unenforceable?

When you enter into a legal agreement with another party, you expect them to keep up their end of the bargain. However, what happens when they refuse to perform their obligations under the contract, and then they argue that the contract is unenforceable?

The reality is that some contracts – or certain provisions within contracts – can be held unenforceable by the courts. First, in order for a contract to exist, it must contain an offer, acceptance, and consideration by the parties. Once this exists, there are other factors that might make the contract or some of its terms unenforceable, including:

  • One party signing the contract lacked the capacity to enter the contract, such as they were younger than 18, were intoxicated, or there are mental health concerns.
  • The contract was signed under duress, coercion, or undue influence.
  • One party misrepresented facts or used fraud to induce the contract.
  • One or both parties were mistaken as to what the agreement entailed.
  • The contract’s obligations are impossible for one party to perform.
  • The contract goes against public policy or state law.
  • There are clauses of the contract that are unconscionable.
  • The contract is verbal when the law requires it to be in writing under the statute of frauds.

If you are trying to render a contract unenforceable, you will need to prove that one of the above is true. If you are defending a contract against claims of unenforceability, you will need to present evidence in support of a valid contract to enforce the agreement.

Consult with an Atlanta Contracts Lawyer

The best way to ensure that a contract is enforceable is to have an Atlanta contracts attorney draft or review it. The legal team at Battleson Law, LLC, can help, so please contact us online or call 470.398.0720 to learn more about our contract services.

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