Meaning & use

unenforceable agreement

noun, phrase·Advancedlegallawformal

Last updated

UK/ˌʌnɪnˈfɔːsəbl əˈɡriːmənt/
US/ˌʌnɪnˈfɔːrsəbl əˈɡriːmənt/

Meanings

  1. nouncountablelegallawformal

    A contract that a court will not make the parties carry out, often because of a legal flaw.

    Grammar: Countable: say 'an unenforceable agreement' or 'several unenforceable agreements'.

    Patterns

    • be unenforceable
    • render an agreement unenforceable
    • an unenforceable agreement between someone and someone

    The judge ruled that the unenforceable agreement could not be used to claim damages.

    An agreement signed under pressure may be unenforceable.

    They discovered their unenforceable agreement gave them no legal protection.

  2. phrasefixed phraselegallawformal

    A situation where a deal exists in words but the law will not support it.

    Grammar: Used as a fixed phrase in legal writing and news reports.

    Patterns

    • hold something to be unenforceable

    The clause was held to be unenforceable in court.

    Without a witness, the deal was effectively unenforceable.

Word forms

pluralunenforceable agreements

Common combinations

be held unenforceable
The non-compete clause was held unenforceable by the court.
render an agreement unenforceable
Missing signatures can render an agreement unenforceable.
legally unenforceable
The contract was legally unenforceable because it lacked consideration.
an unenforceable contract
Lawyers advised that it was an unenforceable contract.

Synonyms and how they differ

void
'Void' means the agreement has no legal effect at all, while 'unenforceable' means it may exist but a court will not make anyone obey it.
invalid
'Invalid' is broader and means not legally acceptable; 'unenforceable' focuses on the court's refusal to enforce it.

Opposites

Word family

enforce verb
To make people obey a law, rule, or agreement.
enforceable adjective
Able to be made to happen by law or authority.
enforcement noun
The act of making people obey a law or rule.

Commonly confused: unenforceable agreement or voidable?

unenforceable agreement vs voidable

A voidable agreement can be canceled by one party but is valid until then; an unenforceable agreement cannot be enforced by a court even though it may look valid.

Practice

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