Reference no: EM133195315 , Length: 3 paagraphs

Question: Under what circumstances can a private contract be deemed unenforceable? Is it possible for a contract containing an unenforceable provision to be otherwise saved? Answer these questions in approx. 200 words and respond to at least two other student postings. Be certain to properly cite all responses using either Blue Book or APA form and style of citation.

Responses:

1- A contract that is not enforced by court, but an agreement between two parties is an unenforceable contract. Parties are able to voluntarily create a contract, and keep it as an unenforceable contract. One of the circumstances that can create a contract that is deemed unenforceable is when there is an illegal object involved. A contract that has to do with an illegal object is known as "void", and therefore creating an unenforceable contract (Cheeseman 2019, pg. 208). Another type of contract that is unenforceable is a "Duress". This is when a party threatens another party to enter into a contract. The threats are there to push the individual into a contract (Cheeseman 2019, pg. 218). Lastly, a contract needs to be voluntary assent between to parties. If it is not, then it is not an enforceable contract. In other words, if there is no genuineness of assent, then the contract cannot be enforced (Cheeseman 2019, pg. 2015). If both parties agree to a contract, are genuine, and want to complete the contract, then the contract can be saved.

2- There are a few circumstances that can make a private contract be deem unenforceable. One circumstance would be when a contract lacks consideration. "Some contracts seem as though they are supported by consideration even though they are not. These contracts lack consideration and are therefore unenforceable." [1] Another circumstance when a contract can be deemed unenforceable is when a contract lacks capacity to contract. "The common law of contracts and many state statutes protect persons who lack contractual capacity from having contracts enforced against them." [2] An example of this would be if a person was under the severe influence of drugs and made a contract with another individual. The person under the influence of drugs must not have the capacity to be entering into that contract to be unenforceable. A third contract that is unenforceable is an illegal contract. "A contract with an illegal object is void and therefore unenforceable." [3] An example would be I agree to sell my friend illegal drugs for twenty dollars and my friend agrees to pay me. My friend does not pay me when he or she receives the drugs. I cannot have that contract enforced because the drugs are an illegal object.