BUSI 209 Contract Unenforceable Discussion

The discussion question:A. Under what circumstances can a private contract be deemed unenforceable? Is it
possible for a contract containing an unenforceable provision to be otherwise saved?
Answer these questions in approx. 200 words and respond to at least two other student
postings. Be certain to properly cite all responses using either Blue Book or APA form and
style of citation.
The students’ responses:
1- A contract that is not enforced by court, but an agreement between two parties is
an unenforceable contract. Parties are able to voluntarily create a contract, and
keep it as an unenforceable contract. One of the circumstances that can create a
contract that is deemed unenforceable is when there is an illegal object involved. A
contract that has to do with an illegal object is known as “void”, and therefore
creating an unenforceable contract (Cheeseman 2019, pg. 208). Another type of
contract that is unenforceable is a “Duress”. This is when a party threatens another
party to enter into a contract. The threats are there to push the individual into a
contract (Cheeseman 2019, pg. 218). Lastly, a contract needs to be voluntary assent
between to parties. If it is not, then it is not an enforceable contract. In other words,
if there is no genuineness of assent, then the contract cannot be enforced
(Cheeseman 2019, pg. 2015). If both parties agree to a contract, are genuine, and
want to complete the contract, then the contract can be saved .
2- There are a few circumstances that can make a private contract be deem
unenforceable. One circumstance would be when a contract lacks consideration.
“Some contracts seem as though they are supported by consideration even though
they are not. These contracts lack consideration and are therefore unenforceable.”
[1] Another circumstance when a contract can be deemed unenforceable is when a
contract lacks capacity to contract. “The common law of contracts and many state
statutes protect persons who lack contractual capacity from having contracts
enforced against them.” [2] An example of this would be if a person was under the
severe influence of drugs and made a contract with another individual. The person
under the influence of drugs must not have the capacity to be entering into that
contract to be unenforceable. A third contract that is unenforceable is an illegal
contract. “A contract with an illegal object is void and therefore unenforceable.” [3]
An example would be I agree to sell my friend illegal drugs for twenty dollars and my
friend agrees to pay me. My friend does not pay me when he or she receives the
drugs. I cannot have that contract enforced because the drugs are an illegal object.
3-