Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Unenforceable
adj. (Of a contract) valid but incapable of being enforced. Cf. VOID; VOIDABLE. unenforceable contract. See CONTRACT.
unenforceable contract
A valid contract that, because of some technical defect, cannot be enforced; a contract having some legal consequences, but that may not be enforced in an action for damages or specific performance in the face of certain defenses, such as the statute of frauds. ( Unenforceable contracts share many features with voidable contracts, but unlike the latter, in some instances they may be enforced indirectly. Restatement (Second) of Contracts ยง 8 cmt. a (1981). - Also termed agreement of imperfect obligation "The difference between what is voidable and what is unenforceable is mainly a difference between substance and procedure. A contract may be good, but incapable of proof owing to lapse of time, want of written form, or failure to affix a revenue stamp. Writing in the first cases, a stamp in the last, may satisfy the requirements of law and render the contract enforceable, but it is never at any time in the power of either party to avoid the transaction. The contract is unimpeachable, only it cannot be proved in court." William R. Anson, Principles of the Law of Contract 19-20 (Arthur L. Corbin ed., 3d Am. ed. 1919).