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Is a contract unenforceable if there is a statute that prohibits the action promised by the contract?
Wiki User
∙ 13y ago
If it is illegal - yes. If not, the judge would consider whether or not both parties had a serious understanding of what they were agreeing to, and what they were provide or be provided, and why such and agreement was made given the statute prohibiting, etc. It wouldn't be a cut and dry yes or no.
Wiki User
∙ 13y ago
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Can a unenforceable contract be a valid contract?
An unenforceable contract is one that has all the elements of a valid contract, but has some sort of defect that prevents it from being legally enforced. For instance, according to the statute of frauds in English common law, a contract for the sale of a piece of land must be in writing; if it isn't, the contract is not legally enforceable.
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