unenforceable
unenforceable (n)
English Definitions:
unenforceable (adj)
not enforceable; not capable of being brought about by compulsion
"an unenforceable law"; "unenforceable reforms"
unenforceable (Adjective)
Resistant to enforcement.
Unenforceable
An unenforceable contract or transaction is one that is valid, but which the court will not enforce. Unenforceable is usually used in contradistinction to void and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not. An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, although both soliciting a prostitute and living off the earnings of a prostitute are criminal offences but so long as the contract is fully performed, it remains valid. However, if either refuses to complete the bargain, the court will not assist the disappointed party. Sometimes, contracts may only be enforceable one-way, and unenforceable the other way. Again, there is an example from the field of prostitution: In Germany, where prostitution is also legal, a law exists that—once a contract has been entered into—makes a prostitute's demands for payment legally enforceable, while leaving the John's demands for fulfilment of the contract and rendition of sexual services unenforceable. German lawmakers made only the claims of prostitutes enforceable because they intended for the German prostitution law to protect only the prostitutes, without helping or furthering the interests of buyers of sexual services.
Unenforceable
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or void ab initio) and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not. An "agreement to agree", where a purported contract contains an obligation to enter into a subsequent agreement in the future, the terms of which are not certain at the time of the initial agreement, is generally considered to lack sufficient certainty to constitute a legally enforceable contract and is therefore unenforceable. However, an agreement under which "the parties contemplate entering into a further, more formal, agreement later" may be enforceable.
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"unenforceable." Kamus.net. STANDS4 LLC, 2024. Web. 29 Mar. 2024. <https://www.kamus.net/english/unenforceable>.
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