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Here’s what can make your contract unenforceable

On Behalf of | Jul 10, 2022 | Business Transactions And Litigation |

Business contracts are an essential part of running a business in California. They protect both parties involved in the transaction and ensure that everyone is held to their obligations. However, there are certain conditions that can make a business contract unenforceable.

Lack of capacity

This refers to the ability of both parties to understand the terms of the contract. For example, if one party is a minor or not of sound mind, they may not be held to the contract. Usually, per business law, business contracts require both parties to be of legal age and have the mental capacity to understand the terms.

Lack of consideration

This means that both parties did not receive something of value in exchange for their part of the contract. For example, if one party agrees to provide services but does not receive anything in return, there may be no consideration.

Fraud

This occurs when one party misrepresented themselves or the terms of the contract. For example, if one party lies about their identity or the nature of the business transaction, this can be considered fraud. Fraudulent contracts are usually voidable, which means that either party can choose to cancel the contract.

Duress

This occurs when one party gets forced to sign the contract under duress. For example, if one party threatens the other with violence or harms them in some way, this may be duress.

Duress can also occur when one party uses economic pressure to force the other to sign the contract. For example, if one party threatens to withhold payment or terminate a business relationship, this can be considered duress.

It’s important to understand these conditions before entering into any business contract. Otherwise, you may find yourself in a situation where the contract is not valid, and you won’t receive the benefits or protections that you thought you were getting.

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