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What Is an Unenforceable Contract?

In order for a contract to be valid, two parties must come to an agreement to exchange goods or services in terms of payment. If one party failed to comply with terms under the contract, necessary actions should be made by the affected party. Failure to do so may void the agreement.

An unenforceable contract is a legal contract that a court cannot implement due to an incorrect legal detail or technical defect. It is a breached contract which has no legal solution or remedy or cannot be enforced by action because it is neither evidenced in writing nor supported by a sufficient act of part performance. This is a valid contract which was not obeyed by either one or both parties but was not given attention by the affected person or failed to seek court action therefore it voids the contract between the parties involved. There are reasons or ways to make a contract unenforceable such as omitted provisions, ambiguity, vagueness, statute of limitations and leaving out provisions for foreseeable events. Failures and betrayals can also cause a court to consider an agreement as unenforceable. It gives the court system reason to decline to offer remedy to either party. Regardless of how the contract is written, the court will not recognize the contract as enforceable if it requires one or both parties to perform illegal actions. For example, if a tenant failed to pay the rent for a year, he has breached the contract with the landlord, however if the landlord failed to take the necessary actions for a period of time allowable by law, then the court cannot enforce any remedy for the landlord for the untaken foreseeable solutions.

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