Unenforceable contract. It is a contract, which is valid, but not capable of being enforced in a court of law because of some technical defects. Technical reasons affecting validity of contract may be that contract is not in writing or is not registered or has no adequate stamp duty on it etc. For example, A make out promissory note in favour of B for Rs. 1000, It has stamp duty of Rs. 5 only. But as per law it must have stamp duty of Rs. 10, such promissory note is invalid. But if stamp duty is raised up to required level it may be allowed to be enforced. Distinction between void and illegal agreements: Base Void agreement Voidable contract Definition Agreement not enforceable by law Agreement which is enforceable by law at the option of one party. Cause An agreement become void if it lacks any one of the essentials of a valid contract An agreement becomes voidable if the consent of one of the party had not been free. Time Void agreement is void ab initio Voidable contract become void only when it is declared to be so by an aggrieved party.
Unenforceable contract. It is valid but due to some technical defect the contract becomes void. In case defects are removed the contract is enforceable.(lack of registration, lack of signature etc.,) Expresscontract – When contracts are either in writing or in oral. Implied contract - When contracts are neither in writing nor in oral but inferred from the acts or circumstances of a particular case.
Unenforceable contract. This kind of contract is valid by itself, but is incapable of being enforced in a court of law because of some technical defect such as absence of writing, registration, requisite stamp etc.
Unenforceable contract. A contract which cannot be enforced unless ratified, due to any of the following reasons:
Unenforceable contract. Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable Void and illegal Agreement :- The Contract Act draws distinction between an agreement which is only void and the one which is unlawful or illegal . An illegal agreement is one which is forbidden by law ; but a void agreement may not be forbidden , the law may merely say that if it is made , the courts will not enforce it . Thus every illegal contract is void but a void contract is not necessarily illegal. The main difference between a void and illegal contract is that , a void contract is not punishable and its collateral transactions are not affected but on the contrary illegal contract is punishable and its collateral transactions are also void.
Unenforceable contract is made by words spoken. Express contract Implied contract Tacit contract Unlawful contract A appoints B as his agent, by way of a power of attorney. This is an example of Express contract.
Unenforceable contract is made by words spoken. Express contract Implied contract Tacit contract Unlawful contract
Unenforceable contract. On attaining the age of majority a minor’s agreement- Can be ratified by him cannot be ratified by him Becomes void. becomes valid None of the above A minor, by misrepresenting his age, borrows some money. He can be sued for fraud He cannot be sued for fraud He is liable to return the money None of the above A minor enters into a contract for the purchase of certain necessaries. In such a case- he is not personally liable to pay he is liable to pay his estate is liable to pay his guardian is liable to pay A person is usually of unsound mind, but occasionally of sound mind- He may enter into a contract when he is of sound minds He may not make a contract even when he is of sound mind He cannot enter into a contract at all None of the above A contract by an idiot is Voidable enforceable invalid void –ab-initio Contracts made before war with an alien enemy which are against public policy suspended and are revived after the war is over dissolved not affected at all void ab initio True or False A minor is a person who has not completed 21 years of age. An agreement with or by a minor is voidable. Where consent is caused by fraud or misrepresentation, the contract is
Unenforceable contract. 9. The buyer moves in and pays expenses and loan payments but the seller retains title in a:
Unenforceable contract. It is one which is good in substance, but because of some technical defect, one or both parties cannot be sued on it. These defects may be the absence of writing, registration, time-barred by the law of limitation, etc.
