Unenforceable Agreement Example

Parties who are under the age of 18, who have a mental disability, who are intoxicated by drugs or alcohol, or who otherwise do not fully understand what they are doing when they accept a contract, may not be able to do so. If not all parties are able to do business, the agreement cannot be enforced. As a general rule, a serious illegality results in the invalidity or inapplicability of a contract. Remedies may be beyond the reach of one or more Contracting Parties. For example, Company A incorrectly tells a supplier that it will not hire a competing company if it signs the contract. Meanwhile, Company A has a meeting with a competitor the next day and plans to do business with him. Company A allegedly committed a fraudulent misrepresentation that rendered the contract unenforceable. Remember: always set all contractual conditions in writing. Some common defences to enforcing a treaty are lack of capacity, coercion, unconscionable influence, misrepresentation, secrecy, impitoyability, public order, errors and impossibility. If these exist, a contract otherwise in force cannot be applicable.

Another common example of unacceptable influence is the creation of a will. Someone can exert control over the person to prevent them from acting intelligently, understandingly and voluntarily. There are at least 3 possible outcomes of illegal agreements. The courts do not look positively at people who use schemes to get another to come to an agreement. A contract may be considered unenforceable if one party can obtain the agreement of the other party by making false or misleading statements or omitting important information during discussions about the conclusion of the contract.. . . .

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