Question

Not every contract is enforceable. In other words, you may have an offer, acceptance, and consideration...

Not every contract is enforceable. In other words, you may have an offer, acceptance, and consideration and there is still an issue.  Find a contractual case where there is an offer, acceptance, and consideration but the courts will not enforce the agreement in whole or in part.  Summarize your case.  Was the case void, voidable?  What is the difference?

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Answer #1

Yes, there are instances where a contract is not enforceable. The contract has offer, acceptance, and consideration and still deemed unenforceable. It could be understood with an example. Jack makes a contract with Jill to kill Bill for $50,000. Jill accepts the offer, though the contract is still unenforceable This contract has an offer, acceptance, and consideration, it is still an illegal contract. For a contract to be enforceable, it has to be legal. Since killing is not legal, the contract is not legal but illegal and void. A void contract is the one that is illegal starting from the time it was created.

The difference between a valid, void and voidable contract is that a valid contract has all attributes such as offer, acceptance, consideration, and lrgality. Void contract is not legal. While voidable is the one that becomes unenforceable because of reasons such as material information was missing from the contract.

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