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What is an Unenforceable Contract? An unenforceable contract is a valid contract that the court chooses, for specific reasons, not to enforce. An unenforceable defense is commonly used in contradistinction to void the contract or make it voidable. Below explains a what makes a contract void or voidable:
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- Lack of Capacity. It's expected that both (or all) parties to a contract have the ability to understand exactly what it is they are agreeing to. If it appears that one side did not have this reasoning capacity, the contract may be held unenforceable against that person.
- Duress. Duress, or coercion, will invalidate a contract when someone was threatened into making the agreement. In an often cited case involving duress, a shipper (Company A) agreed to transport a certain amount of Company B's materials, which would be used in a major development project.
- Undue Influence. If Person B forced Person A to enter into an agreement by taking advantage of a special or particularly persuasive relationship that Person B had with Person A, the resulting contract might be found unenforceable on grounds of undue influence.
- Misrepresentation. If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions.
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An unenforceable contract is an agreement that, while it may have been validly formed, cannot be enforced in a court of law due to certain legal defenses. Factors like the lack of a required written form, the expiration of the statute of limitations, or issues of capacity can render a contract unenforceable.
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When are upper year applications due?
Application Deadlines. First-year applications to the JD Program are due November 1 of each year. Upper year applications are due on May 1 of each year. Admissions Policies. Late Applications. The complete application is due at OLSAS by the specified due date.
