Also known as: unenforceability
Written by attorneys · grounded in primary & secondary sources — see below
A contract, agreement, provision, or security device that a court will not enforce because of a legal defect. The defect may arise from failure to satisfy a statutory requirement, violation of public policy, or absence of a valid underlying obligation. An unenforceable instrument is not a legal nullity and may still have limited effect if the defect is not raised.
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Uriah Urban executes a mortgage on his land in favor of United Bank. No note or other promise to pay accompanies the mortgage. When United Bank attempts foreclosure after nonpayment, the court refuses to enforce the mortgage because no underlying obligation exists to support it.
Umeko Uchida, a joint tenant, leases her interest to Uptown Apparel. Umeko dies before the lease term ends. The surviving joint tenant refuses to honor the lease. The court holds the lease unenforceable against the survivor because the leasing joint tenant's interest extinguished upon death.
Uliana Ustinova signs a premarital agreement with Uma Upadhyay the day before their wedding. Uliana later proves she signed under duress without independent counsel. The court declares the agreement unenforceable against her under the uniform act standards.
Ugo Ucelli includes a no-contest clause in his will that penalizes any beneficiary who challenges its validity. A beneficiary with probable cause files a contest. The court refuses to enforce the penalty clause because probable cause existed for the proceeding.
Umar Usmani promises to exercise a power of appointment not yet exercisable in exchange for value received from Umbra Technologies. When Usmani later refuses, the company sues for specific performance. The court holds the contract unenforceable but awards restitution of the value exchanged.
Uriah Urban and Umeko Uchida live together without marrying and sign an agreement dividing property upon separation. After separation, one seeks enforcement. The court holds the agreement unenforceable because it contravenes public policy disfavoring property rights between knowingly unmarried cohabitants.
An unenforceable contract contains a defect that prevents court enforcement but is not a complete legal nullity. A party may still perform voluntarily, and the contract may become enforceable if the defect is waived or cured. A void contract produces no legal effect from the outset.
Supporting sources
A mortgage is unenforceable when no valid underlying obligation exists to secure. If the debt or promise to pay is void or discharged, the security device falls with it. The mortgage cannot stand alone without the obligation it was meant to secure.
…of the contract would violate public policy.[^maj-4] He points to cases asserting that a contract between nonmarital partners is unenforceable if it is "involved in" an illicit relationship (see Shaw v. Shaw (1964) 227 Cal. App.2d 159, 164 [38 Cal. Rptr. 520] (dictum); Garcia v. Venegas (1951) 106 Cal. App.2d 364, 368 [235…
…Junior Univ. , 489 U. S. 468, 478 (1989). The final phrase of §2, however, permits arbitration agreements to be declared unenforceable “upon such grounds as exist at law or in equity for the revocation of any contract.” This saving clause permits agreements to arbitrate to be invalidated by “generally applicable contract…
…of contract to marry); see also Restatement (Second) of Contracts §§ 189-91 (1981) (promises impairing family relations are unenforceable). We are not persuaded that in the special milieu of media newsgathering a source and a reporter ordinarily believe they are engaged in making a legally binding contract. They are not…
…exception. In cases involving merely the transfer of unequal amounts of the same commodity, the courts have held the bargain unenforceable
…it is for the legislature and not the courts to bring about that change.” We accordingly hold that plaintiff’s claims are unenforceable
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A no-contest clause is unenforceable when probable cause supports the contest or other proceeding. The clause cannot penalize a beneficiary who had a reasonable basis for challenging the will or estate administration.
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A premarital agreement is unenforceable if consent was involuntary, obtained by duress, or if a party lacked access to independent legal representation. The party seeking to avoid enforcement must prove one of the statutory grounds.
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In jurisdictions following the modern approach, a lease by one joint tenant does not sever the tenancy. Upon the leasing tenant's death the lease interest extinguishes and becomes unenforceable against the surviving joint tenants.
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