The Agreement Was Unenforceable

The flat-rate provisions on damages in contracts are not applicable if they constitute a “penalty”. In recent years, there have been subtle but important changes in the definition of punishment. A recent decision of. Plus All parties to a contract should be able to fully understand what they agree. If the court finds that a party has not been able to understand the contract, it may be held to be unenforceable against that party. Some common examples of someone who does not have the ability could be someone who is too young (minor) or someone who does not have the mental capacity to fully understand the effects of the agreement. The idea behind “lack of capacity” is to prevent someone from being exploited because they don`t have the ability to make a logical decision. Not all errors make a contract unenforceable, but some will…

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