What Makes a Contract Unenforceable?

One of the main characteristics of a civilized and democratic society is the freedom to contract – to come to an agreement with another to do (or not do) something. While you might have drafted the most intricate and bullet-proof of contracts, you cannot ensure that the other party will perform their end, and when they do not, a breach has occurred.

In many contract disputes, one party might try to prove that the agreement is unenforceable. The following are some reasons why a court might refuse to enforce a contract or certain terms. To discuss your specific contract or dispute, consult with the Atlanta contract attorneys at Battleson Law.

Some factors that might mean an agreement is unenforceable include:

  • Certain obligations go against the law or public policy.
  • The terms of the contract are unconscionable due to lopsided bargaining power.
  • Someone who signed the contract lacked the necessary capacity, which could be because they were under age 18, had a mental impairment that prevented them from understanding the agreement, or were under the influence of drugs or alcohol.
  • One party coerced the other into signing or exerted undue influence.
  • The contract was based on material misrepresentations, omissions or nondisclosures, or fraud.
  • One or more parties were mistaken about the nature of the agreement.
  • The contract is impossible to fulfill due to the circumstances.

Most contracts are enforceable, but it is best to have an attorney review or draft a contract with enforceability in mind before you sign it.

Connect with an Atlanta Contract Lawyer Now

Do you need assistance with a new contract or have a dispute regarding an existing contract? You need legal assistance to protect the interests of you and your business. Reach out to Battleson Law to schedule an appointment to discuss your case today. Our experienced Atlanta business contract lawyer can assist you.



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