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Void, Voidable, and Unenforceable Contracts
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A contract with a mutual mistake regarding a fundamental fact
Voidable as either party may void the contract because the mistake affects the substance of the agreement.
A contract that has not been put into writing as required by the Statute of Frauds
Unenforceable because certain contracts must be in writing to be legally enforceable, as per the Statute of Frauds.
A contract signed where one party was not of sound mind to understand the terms
Voidable as the contract may be voided by the party who was not of sound mind at the time of signing.
A contract for the sale of goods over
Unenforceable as per the Uniform Commercial Code (UCC), which requires a written agreement for the sale of goods at or above this amount.
A contract that includes terms that violate antitrust laws
Void because contracts that breach antitrust laws are against public policy and, therefore, are not enforceable.
A contract signed by a minor for non-essential goods
Voidable because minors usually cannot be held to contractual agreements, and they can choose to void the contract.
A contract with terms that are impossible to perform
Void because a contract requiring a party to perform an impossible task cannot be legally binding.
A contract promising to pay someone for not doing anything at all
Void because contracts require consideration for both parties, and promising to pay for non-action lacks consideration.
A contract made under duress
Voidable because one party has been forced to enter the contract against their will, and they can choose to void it.
An employment contract that includes an excessively long and broad non-disclosure agreement
Unenforceable because if the non-disclosure agreement is disproportionately wide in time and scope, it can be considered unreasonable and thus unenforceable.
A contract entered by someone who is intoxicated to the point of not understanding the nature of the agreement
Voidable since an intoxicated person may not be capable to consent; therefore, the contract can be voided when they are no longer intoxicated.
A contract that involves committing a crime
Void because a contract to do something illegal is against public policy and cannot be enforced by law.
A contract with an ambiguous term that parties interpret differently and cannot be resolved
Unenforceable because contracts must have clear terms; if fundamental terms are not agreed upon, the contract cannot be enforced.
A contract that includes a non-compete clause deemed unreasonable
Unenforceable because if a non-compete clause is too restrictive in time, geography, or scope, courts may refuse to enforce it.
A contract where the consent was obtained through fraud or misrepresentation
Voidable because a contract based on fraudulent information or misrepresentation can be rescinded by the deceived party.
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