Unenforceable
Encyclopedia
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
(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 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 (either the prostitute after being paid or the payer after receiving the services), 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 sex work: 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 (even via collection agencies and courts if necessary), 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 sex workers, without helping or furthering the interests of buyers of sexual services.
To impugn a contract means attacking the integrity of the contract. A way this can be done is by deeming the contract unenforceable. A contract can be said unenforceable when it goes against the statutes of fraud or the Statement of Goods Act.
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
or transaction is one that is valid, but which the court will not enforce. Unenforceable is usually used in contradistinction to void
Void (law)
In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....
(or void ab initio) and voidable
Voidable
In law, a transaction or action which is voidable is valid, but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable....
. 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
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. Prostitution is not actually a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
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 (either the prostitute after being paid or the payer after receiving the services), 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 sex work: 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 (even via collection agencies and courts if necessary), 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 sex workers, without helping or furthering the interests of buyers of sexual services.
To impugn a contract means attacking the integrity of the contract. A way this can be done is by deeming the contract unenforceable. A contract can be said unenforceable when it goes against the statutes of fraud or the Statement of Goods Act.