Construction Law

Elements That Make a Contract Unenforceable featured image

Elements That Make a Contract Unenforceable

When you enter a contract, a legally binding agreement, all parties involved are expected to hold up their end of the agreement. However, it is possible for what should be a valid contract to be found unenforceable in a court room. As your Sarasota construction attorneys, we know what circumstances make up unenforceable contracts.


Duresses can invalidate a contract. If someone is under duress or is being coerced into a legally binding contract, the contract will be unenforceable. An example of this is blackmail.


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.


Similar to misrepresentation, nondisclosure is when a party does not disclose an important fact about the binding agreement. The court will decided if a party had a duty to disclose the information, and they will also consider if the other party should have had been able to easily access the information on their own. This is where you Sarasota construction attorney will come in. Your attorney will have the experience needed to determine what information needs to be disclosed and what information you should be privy to.

Lack Of Capacity

All parties involved in a contract should have the ability to completely understand what it is they are agreeing to. If the court finds that one party did not have the capacity to understand the contract, it may be held unenforceable against that party. A few common examples of someone who lacks the capacity might be someone who is too young (a minor) or someone who does not have the mental abilities to completely understand the implications of the agreement. The idea behind “lack of capacity” is to keep someone from being taken advantage of because they lack the ability to make a logical decision.


In some cases, a contract is unenforceable simply because of a mistake made by one of the parties (unilateral mistake) or both of the parties (mutual mistake). It must have a material effect on the exchange and must be related to the contract. To avoid making a unilateral or mutual mistake, seek the counsel of construction attorneys in Sarasota to assist in writing up a contract.

To schedule a consultation with a construction attorney at Cotney Attorneys & Consultants, please call us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.