Unenforceable

In one sentence

A contract or clause that a court will not force either party to follow, even though it appears valid.

Plain English

An unenforceable contract is one that exists and might seem legitimate, but a court won't actually make anyone follow it. This can happen for many reasons: the contract violates public policy, it's too vague to understand, it's missing required formalities, or too much time has passed. Unlike a void contract (which never existed in the first place), an unenforceable contract was real, but the court simply won't enforce it.

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Example

You and a friend make a handshake deal to split lottery winnings if you buy a ticket together, but your state law requires such agreements to be in writing. If you win and your friend sues, the contract is unenforceable because it doesn't meet the legal formality requirement.

Used in a sentence

“The court found the non-compete clause unenforceable because it was unreasonably broad in scope and duration.”

Related terms

Voidable Contract

A contract that one party can cancel or reject, but is otherwise valid.

Unconscionability

A contract term so unfair and one-sided that a court will refuse to enforce it.

Vagueness

Unclear or imprecise language in a contract that makes the parties' obligations uncertain or ambiguous.

Uncertainty

Vagueness or ambiguity in contract terms that prevents enforcement.

Formal Contract

A contract that requires specific formalities, such as a seal, notarization, or written form, to be enforceable.

Disclaimer of Warranties

A statement that removes or limits the automatic guarantees a seller would otherwise provide.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.