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One exception to a breach of contract is if the contract is illegal to begin with. A court will not recognize either party in a lawsuit if the contract is not lawful. Another exception might be the age of the participants. To be legally binding, a contract has to be between people who are adults at the time of the signing.
Wiki User
∙ 9y ago
Wiki User
∙ 12y agoThere are many things that can cause a contract to be unenforceable. Here are a few:
Consideration - Consideration is pretty much a quid pro quo concept. It means "what are you giving for what you get." There has to be a bargained for exchange of things. For example, if Alan writes a contract that says, "Bob will give Alan his car." This is not enforceable because there is no consideration, Bob did not have any input on the contract, and he has not bargained for anything.
Force or duress - A contract agreed to under duress or by force in unenforceable. Alan can't put a gun to Bob's head and say, "Sign the dotted line or bad things will happen." This would be unenforceable even if Bob signed it, because he wouldn't have signed it without the gun.
Intoxication - if a person is heavily intoxicated, to the point of not knowing the consequences of his actions, the contract will not be valid.
Hope this helps.
Wiki User
∙ 11y agoIt cannot be demanded the a person carry out a personal service, and specific performance cannot be used when damages are available
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Does breach of contract void a contract?
A breach of contract does not void the entire contract. It can still be enforced.
Does any breach of contract allow the non breaching party to cancel the contract?
Not every breach allows a contract to be cancelled. It has to be a material breach.
What is the difference between breach of contract and discharge of contract?
Discharged mean terminated. A contract can be discharged by -performance -frustration -Agreement between the parties and -breach If there is a breach of terms of the contract, a contract can be discharged.
What is theDifference between breach of contract and discharge of a contract?
breach is a form of discharge. Generally, a discharge is when a contract ends for any reason. A breach is when one of the parties does not perform under the contract. Breach could lead to discharge, rescission, or damages, or nothing.
What is the opposite of obeying a contract?
breach of contract
Is it a breach of contract if there is no specification of date to perform in the contract?
if there is no date specify this does not mean there is a breach. for a breach to occur one of the parties to a contract must not have fully performed their obligations. if there is no date specified in the contract the courts will apply a reasonable date
What if a contract condition is not met?
lawsuit for breach of contract
To opt out of a contract?
If you opt out and have the right to do so it is considered terminating a contract. If you unilaterally decide to opt out of a contract and do not have a legal basis to do so; that is considered a breach of contract. If you breach a legal contract you can be sued.
Under what circumstances may breach of contract be charged?
Breach of contract may be charged if either party fails to comply with the terms of a legally valid contract.
What type of breach can a non breaching party cancel a contract?
anticipatory breach
What is Breach of condition?
A contract between two or more parties might contain conditions. If a condition of a contract is broken, it is a breach of condition.
What has the author N Henderson written?
N. Henderson has written: 'New problems for the business client' -- subject(s): Breach of contract, Great Britain, Liability (Law) 'Remedies for breach of contract' -- subject(s): Breach of contract
