Which contract Cannot be specifically enforced?
Asked by: Hilbert Bogan | Last update: February 20, 2026Score: 4.2/5 (21 votes)
Contracts that cannot be specifically enforced generally involve personal services (like singing or teaching), require continuous court supervision (like maintaining a park), have uncertain terms, are inherently terminable, or where monetary damages are an adequate remedy, such as employment contracts, service agreements, and contracts for unique skills. Courts prefer awarding damages for these situations to avoid involuntary servitude or constant judicial oversight, ensuring fairness and practicality.
What is an agreement that Cannot be enforced?
An unenforceable contract is generally a valid contract but is not enforced because of public policy or law.
Which contract is not enforceable by law?
Unenforceable contract examples include void contracts, unconscionable contracts, contracts against public policy, and impossible contracts.
Can a voidable contract be enforced?
Under the Indian Contract Act, a voidable contract is initially valid and enforceable, but due to certain defects in its formation, one party has the option to either affirm or void the contract. It is valid at its inception but may subsequently become void at the option of one or more of the parties to the contract.
What makes a contract not enforceable?
If someone is a minor or does not have the mental capacity, there may not be an enforceable contract. Legal purpose: The purpose of the agreement must not break the law. A judge can't enforce a contract to do something illegal, like sell illegal drugs. Additionally, some types of contracts must be in writing.
Contracts Which Cannot Be Specifically Enforced || Specific Relief Act || Ayaz Noor
What are examples of unenforceable contracts?
Unenforceable Contracts Might Contain an Illegal Purpose. This reason pertains to the reason the contract was made. Contracts that call for an illegal act are invalid. For example, Jack and Joel sign a contract agreeing to sell illegal drugs from their club.
What are 6 things that void a contract?
We'll cover these terms in more detail later.
- Understanding Void Contracts. ...
- Uncertainty or Ambiguity. ...
- Lack of Legal Capacity. ...
- Incomplete Terms. ...
- Misrepresentation or Fraud. ...
- Common Mistake. ...
- Duress or Undue Influence. ...
- Public Policy or Illegal Activity.
When cannot a contract be specifically enforced?
Specific performance is generally not enforceable for contracts involving personal skill, excessive complexity, or uncertain terms. Contracts can also be unenforceable if they are revocable, involve unauthorized parties, or create ongoing obligations courts cannot supervise.
What type of contract has no legal effect?
Void contracts are often created under unacceptable conditions and are not legally binding from the very beginning. These contracts usually involve something that makes them completely unenforceable under the law. That could mean: The agreement is illegal, like a contract to sell something that's against the law.
Can an illegal contract be enforced?
Courts do not enforce illegal contracts, meaning parties cannot seek legal remedies for breaches. Some contracts may be voidable rather than void, depending on the circumstances and applicable laws.
Can a void agreement be enforced?
In contract law, “null and void” means the contract has no legal force or effect and is treated as if it never existed. Such a contract cannot be enforced by either party due to factors like illegality, lack of consent, or incapacity.
Which of the following contracts is not specifically enforceable?
(1)The following contracts cannot be specifically enforced, namely:— (a)a contract for the non-performance of which compensation in money is an adequate relief; (b)a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise ...
What makes an agreement not legally binding?
Breach of Public Policy.
A contract is not legally enforceable if it requires one party to engage in illegal acts, forfeit any of their legal rights, or act in any way that may pose harm to society in general.
What is a contract that is not enforceable by law called?
Void Contract Or Agreement
Section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law void.
Is an MOU not legally binding?
An MOU is a formal, yet non-binding agreement that outlines the present intentions, roles, and objectives of the parties involved in a collaboration. It is not legally enforceable like a contract.
What are the common loopholes in contracts?
Contract loopholes are ambiguous or omitted clauses that allow parties to avoid obligations. Common contract loopholes include payment structure gaps, performance ambiguities, and vague termination terms. Businesses must carefully draft contracts to avoid unintentional loopholes.
What are the four types of contracts?
While many types exist, four common contract classifications include Bilateral (mutual promises), Unilateral (promise for an act), Express (explicit terms), and Implied (inferred from actions), often categorized by the exchange, formation, or performance status of the agreement, with others focusing on payment (Fixed-Price) or enforceability (Voidable).
What is a contract that has no legal force?
Quick Reference. A contract that has no legal force from the moment of its making (compare voidable contract). Void contracts occur when there is lack of capacity to contract and by the operation in some instances of the doctrine of mistake.
What is a quasi and implied contract?
What Are Quasi Contracts? A quasi contract is also known as an implied contract, in which a defendant is ordered to pay restitution to the plaintiff, or a constructive contract, meaning a contract that is put into existence when no such contract between the parties exists.
What is Section 37 of the Specific Relief Act?
(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
What is Section 177 of the contract Act?
If a time is stipulated for the payment of the debt, or performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them; but he must, ...
What is Section 53 of the contract Act?
When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the ...
What is the act that nullifies a legal agreement?
Nullification makes a law or agreement void and without legal effect. It can occur through court orders or jury decisions. Understanding the grounds for nullification is crucial for legal matters. Users can find legal forms to assist with nullification processes.
What are four types of mistakes that can invalidate a contract?
Four types of mistakes that can invalidate a contract, making it void or voidable, include Mutual Mistake (both parties share the same fundamental error), Unilateral Mistake (one party is mistaken, and the other knows or should know), Common Mistake (a shared error about the existence or quality of the subject matter, often rendering the contract void), and mistakes involving Misrepresentation or Fraud, where one party is misled by false statements about essential facts, though technically not just a "mistake" but a vitiating factor often grouped with them.
What mistake is likely to be voidable?
A voidable contract is legally valid but can be canceled by one party due to specific legal defects. Common reasons include misrepresentation, fraud, duress, undue influence, mental incompetence, or mutual mistake.