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_________ is good in substance, but suffers from some technical defects like absence in writing, barred by limitation etc.
  • a)
    Valid contract
  • b)
    Voidable contract
  • c)
    Illegal contract
  • d)
    Unenforceable contract
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
_________ is good in substance, but suffers from some technical defect...
"D",however unenforceable contrat can be too become valid if the defect is removed..
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_________ is good in substance, but suffers from some technical defect...
Unenforceable contract

An unenforceable contract refers to a legally valid agreement that cannot be enforced by a court due to certain technical defects. While the contract may be good in substance, it suffers from limitations or issues that prevent the parties from seeking legal remedies in case of a breach.

Technical defects
The technical defects that may render a contract unenforceable include:

1. Absence in writing: Some contracts are required to be in writing to be enforceable. For example, contracts involving the sale of real estate or contracts that cannot be performed within one year must be in writing as per the Statute of Frauds. If such contracts are not in writing, they may be considered unenforceable.

2. Barred by limitation: Contracts are subject to a statute of limitations, which sets a time limit within which legal actions can be pursued. If a party fails to initiate legal proceedings within the specified time frame, the contract may become unenforceable.

3. Invalid consideration: For a contract to be enforceable, it must involve a valid consideration, which refers to something of value exchanged between the parties. If the consideration is illegal, immoral, or lacks sufficient value, the contract may be deemed unenforceable.

4. Lack of capacity: Contracts entered into by individuals who lack the legal capacity to contract may be considered unenforceable. This includes contracts entered into by minors, individuals with mental incapacity, or individuals under the influence of drugs or alcohol.

5. Violation of public policy: Contracts that violate public policy, such as those involving illegal activities or that promote harm to others, are generally unenforceable.

6. Fraud or misrepresentation: If a party to a contract engages in fraudulent or deceptive practices, or if there is a material misrepresentation of facts, the contract may be deemed unenforceable.

Consequences
An unenforceable contract does not provide the parties with a legal remedy if one of them fails to fulfill their obligations. However, it is important to note that an unenforceable contract is different from a void contract. A void contract is considered invalid ab initio and has no legal effect from the beginning, while an unenforceable contract is initially valid but cannot be enforced due to technical defects.

In conclusion, an unenforceable contract may be good in substance but is rendered unenforceable due to certain technical defects such as absence in writing, being barred by limitation, or violating public policy. It is important for parties to understand these limitations and ensure that their contracts meet the necessary legal requirements to be enforceable.
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_________ is good in substance, but suffers from some technical defects like absence in writing, barred by limitation etc.a)Valid contractb)Voidable contractc)Illegal contractd)Unenforceable contractCorrect answer is option 'D'. Can you explain this answer?
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