Which of the following would make a contract not legally valid?
Asked by: Prof. Elody Dickinson DDS | Last update: November 26, 2025Score: 4.8/5 (68 votes)
Contracts made under duress are invalid and
What makes a contract not valid?
For a contract to be valid, all parties must have the legal capacity to enter into the agreement. This means they must be of sound mind, of legal age, and not under any form of coercion. If one party lacks this capacity, the contract can be deemed void.
What type of contract is not legally enforceable?
A contract that is void is not legally enforceable and the parties thereto are not legally obligated to each other. Generally, contracts are void because the subject matter is not legal or one of the contracting parties does not have the competency to contract.
Which of the following Cannot enter into a valid contract?
The following are the people who do not have the capacity to contract: Those with an unsound mind. Minors who have not crossed the majority age. Those who cannot contract because they are disqualified under the contracting law.
Which of the following is not a requirement for a valid legal contract?
Final answer: The element not required for a valid contract is equal consideration between parties, although consideration must be present. All other options listed are essential elements of a valid contract.
What Makes a Contract Not Enforceable | Lawyer Explains
Which element is not required for a contract to be legally valid?
Expert-Verified Answer. Illegal consideration is not an essential elements of a valid contract. Offer - It is the first aspect of a legal contract. There must be a bid, a commitment, or an agreement in contract and there will be no contract if there is no offer.
Which of the following is not a valid consideration in a contract?
The Correct answer is Past voluntary service. Under the Indian Contract Act, 1872, consideration is defined as something of value (such as an act, forbearance, or a return promise) received by a promisor from a promisee.
What makes a contract unenforceable?
If any kind of misrepresentation or fraud occurs during the contract negotiation process, the contract itself can be held unenforceable. Misrepresentation can happen when a party says something false or conceals something important.
Which conditions can make an agreement invalid?
Subject matter of the contract involves an unlawful consideration, goes against public policy or is illegal. Contract is entered into under undue influence (duress/fraud). Lack of consideration by any party to the contract.
Which of these generally makes a contract invalid?
A contract is invalid if any of the following conditions apply: The terms of a contract specify the illegal activity. One of the parties to which the agreement relates doesn't have legal capacity (is mentally incapable of entering into a legally binding agreement).
Which contracts are not enforceable by law?
The illegal contracts are deemed as void and not enforceable by law. As section 2(g) of the Act states: “An agreement not enforceable by law is said to be void.” Thus we can say that all illegal contracts are void but the reverse is not true. Both the void contracts and illegal contracts can't be enforceable by law.
Which of the following contract types is unenforceable?
Legally, parties must have the capacity to enter into a contract. This means they must be of legal age and have sound mind. Contracts involving minors or individuals deemed incapable are usually not enforceable.
What does not legally binding mean?
a non-binding agreement, decision, etc. has no legal power: They have won a non-binding vote of the company's shareholders.
What renders a contract invalid?
Contracts can be rendered invalid if one of the parties was coerced or manipulated into signing the agreement. This is known as duress or undue influence. Duress involves physical or mental threats, while undue influence happens when someone pressures or manipulates another person into an agreement against their will.
How to legally void a contract?
- Prove its invalidity.
- Use capacity to end it.
- Agree to mutually void it.
- Exercise the “cooling off” rule.
- Use the terms of a voidable contract.
What three things make a contract valid?
Contracts are made up of three basic parts – an offer, an acceptance and consideration.
How can a contract not be valid?
Unconscionability in contracts can be substantive or procedural. Substantive unconscionability in contracts is when the terms of a contract are harsh, unfair, excessively oppressive, and unduly one-sided. Substantive unconscionability will make a contract invalid, and it can be tricky to determine.
What are the three elements that make a contract unconscionable?
The provision imposes a condition that cannot be met, thereby relieving one party from any obliga- tion. It appears that there are at least three threshold rules leading to a conclusion that a covenant is actually unconscionable — i.e., one-sided, oppressive and likely to result in unfair surprise.
What are four things that might make a contract voidable?
- Uncertainty or Ambiguity. ...
- Lack of Legal Capacity. ...
- Incomplete Terms. ...
- Misrepresentation or Fraud. ...
- Common Mistake. ...
- Duress or Undue Influence. ...
- Public Policy or Illegal Activity.
What makes an agreement not legally binding?
Although a contract is legally binding, both parties don't always uphold their end of the bargain. Not only can circumstances change, but the terms of the agreement may not be fair or legal in the first place. These issues can lead a judge to decide not to enforce a contract.
What makes a contract unlawful?
California Civil Code § 1608 codifies the doctrine of illegality and provides that “[i]f any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.” Under Civil Code § 1667 , “unlawful” is broadly defined as that which is ...
What is a grossly unfair contract said to be?
Unconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it s hocks the conscience . The adjective is frequently used in the context of contract law for contracts that have grossly oppressive and unfair terms .
What is one type of consideration that is not valid?
The consideration must be legal
For example, a contract to murder a person, an agreement to create a monopoly in the market, or a consideration induced with fraud are all invalid.
What is the usual remedy for a breach of contract?
An award of compensatory damages is the most common of the legal remedies for breach of contract. The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract.
Which is not an essential to valid contract?
Illegal consideration is not an essential elements of a valid contract. Offer - It is the first aspect of a legal contract. There must be a bid, a commitment, or an agreement in contract and there will be no contract if there is no offer.