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UNENFORCEABLE CONTRACT
&
ILLEGAL CONTRACT

Asnad.P.A
UNENFORCEABLE CONTRACT


An unenforceable contract is one which cannot be
enforced in a court of law on account of some
technical defects like want of a written form or
stamp.



Some unenforceable contract can be enforced in a
court of law if the technical defect is removed.



Eg; If a document embodying a contract is under
stamped, the contract is unenforceable. But the
requisite stamp is affixed (if allowed) the contract
becomes enforceable.
ILLEGAL CONTRACT


A contract is illegal if it involves doing something
that is a criminal act or civil wrong or against the
public good.



It is void and avoids connected contracts also.



Money paid
recovered.



Eg; Selling fire arm to one who doesn’t have a
license to hold one.

under

illegal

contract

can’t

be
ILLEGAL CONTRACT


A contract which is otherwise legal might also
become illegal if it’s subject matter is to be used for
an unlawful purpose.



Eg; If a firearm dealer enters into a contract to sell a
gun to a person licensed to hold one knowing that
he will use it to kill someone, the contract will
become illegal.

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Differences Between Unenforceable & Illegal Contracts

  • 2. UNENFORCEABLE CONTRACT  An unenforceable contract is one which cannot be enforced in a court of law on account of some technical defects like want of a written form or stamp.  Some unenforceable contract can be enforced in a court of law if the technical defect is removed.  Eg; If a document embodying a contract is under stamped, the contract is unenforceable. But the requisite stamp is affixed (if allowed) the contract becomes enforceable.
  • 3. ILLEGAL CONTRACT  A contract is illegal if it involves doing something that is a criminal act or civil wrong or against the public good.  It is void and avoids connected contracts also.  Money paid recovered.  Eg; Selling fire arm to one who doesn’t have a license to hold one. under illegal contract can’t be
  • 4. ILLEGAL CONTRACT  A contract which is otherwise legal might also become illegal if it’s subject matter is to be used for an unlawful purpose.  Eg; If a firearm dealer enters into a contract to sell a gun to a person licensed to hold one knowing that he will use it to kill someone, the contract will become illegal.