Non-enforceable describes an agreement, law, or right that cannot be legally upheld or acted upon in a court of law. This means that if one party fails to fulfill their obligations under the agreement, the other party cannot seek legal recourse to compel them to do so. Reasons for non-enforceability can vary, including illegality of the agreement's subject matter, lack of consideration (something of value exchanged by each party), or failure to meet specific legal requirements for formation or execution. The outcome of a non-enforceable agreement is typically that parties are left to resolve the issue themselves or through other means beyond legal channels.
Non-enforceable meaning with examples
- A gentleman's agreement, lacking formal documentation or legal backing, is often considered non-enforceable. If a business deal between friends is based on a handshake and unwritten terms, it's unlikely that a court would intervene if one party breaches the deal. The informal nature and absence of supporting evidence create a situation where legal action would likely be unsuccessful, making the agreement practically non-enforceable.
- A contract created under duress, where one party was coerced or threatened into signing, is generally non-enforceable. The lack of free and voluntary consent invalidates the agreement. Because the signature wasn't given of their own free will, the agreement lacks the element of mutual consent needed for it to be enforceable within a court of law.
- Agreements involving illegal activities are inherently non-enforceable. Any contract relating to drug trafficking, for example, would be considered void and without any legal standing. Courts will not assist in enforcing contracts that violate established laws, as doing so would be counterproductive and illegal itself.
- Contracts lacking the required elements for validity, such as proper signatures or witnesses, are often deemed non-enforceable. A real estate deal that does not meet all the state's recording requirements will not be enforceable. Without the proper form the contract will not be granted authority by any legal means.