What is an unenforceable contract?
An unenforceable contract is valid but cannot be enforced by a court, often due to a technicality.
Why it matters
It exists as a deal but a court will not make a party perform it.
Common confusion
Unenforceable differs from void — it is real but not court-backed.
Frequently Asked Questions
Why would a valid contract be unenforceable?
A missing writing required by the statute of frauds is a common reason.
Can the parties still perform it?
Yes, voluntarily; the court just will not compel it.
Is it the same as void?
No — unenforceable can become enforceable if the defect is fixed.