DefineLaw

What is an unenforceable contract?

An unenforceable contract is valid but cannot be enforced by a court, often due to a technicality.

Why it matters

It exists as a deal but a court will not make a party perform it.

Common confusion

Unenforceable differs from void — it is real but not court-backed.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Why would a valid contract be unenforceable?

A missing writing required by the statute of frauds is a common reason.

Can the parties still perform it?

Yes, voluntarily; the court just will not compel it.

Is it the same as void?

No — unenforceable can become enforceable if the defect is fixed.

Related contract terms