Distinguish between Unenforceable Agreement and Illegal Agreement

As a professional, I know that writing content that is informative and valuable to readers is critical. In this article, we will be discussing the differences between unenforceable agreements and illegal agreements.

Contracts or agreements are a common aspect of daily life, from employment contracts to rental leases, to agreements with service providers, to vendor contracts. However, not all agreements are enforceable or legal. Understanding the differences between unenforceable agreements and illegal agreements is essential to avoid unnecessary consequences.

Unenforceable agreements are contracts that cannot be enforced in court. They are generally agreements that have flaws or mistakes in them that make them unenforceable. An example of an unenforceable agreement is an agreement that is not in writing and requires a written agreement by law. An agreement that was signed under duress or under threat is also unenforceable. Often, an unenforceable agreement is a result of a legal loophole that renders the contract invalid.

On the other hand, an illegal agreement can be enforced, but the consequences of enforcing it are illegal. An agreement is considered illegal if it is against the law or public policy. For example, an agreement to commit a crime or an agreement to discriminate against someone based on their race or gender is illegal. Another example of an illegal agreement is an agreement to sell illegal drugs or smuggle contraband.

It is important to note that even though an agreement may be unenforceable or illegal, it does not mean it is automatically null and void. In some cases, the parties involved may still be liable for damages or losses incurred. Therefore, it is crucial to seek legal advice before entering into any agreement to avoid future legal complications.

In conclusion, understanding the difference between an unenforceable and illegal agreement is essential to avoid legal issues. Unenforceable agreements cannot be enforced in court, and illegal agreements can be enforced, but the consequences are illegal. Therefore, it is necessary to seek legal advice before entering into any agreement to ensure that it is enforceable and legal.