When it comes to contracts and agreements, one key principle that everyone must understand is that “an agreement not enforceable by law is void.” This means that if a contract or agreement is not legally binding, then it is not enforceable in court.
An agreement is only considered legally binding if it meets certain criteria, including:
1. The parties involved must have the legal capacity to enter into an agreement. This means that they must be of legal age and have the mental capacity to understand the terms and conditions of the agreement.
2. The agreement must be based on the mutual consent of the parties involved. This means that both parties must fully understand the terms and conditions of the agreement and must willingly enter into it.
3. The agreement must have a lawful object. This means that the purpose of the agreement must not be illegal or against public policy.
If any of these criteria are not met, the agreement is not legally binding and is considered void. This means that the parties involved cannot enforce the terms of the agreement in court.
For example, if two parties enter into an agreement to sell illegal drugs, the agreement is not legally binding and is considered void. In this case, neither party can enforce the terms of the agreement and the sale of illegal drugs remains illegal.
Another common scenario where an agreement is considered void is when one of the parties involved lacks the legal capacity to enter into an agreement. For example, a contract entered into by a minor is generally not legally binding.
In conclusion, it is important for everyone to understand that “an agreement not enforceable by law is void.” To ensure that contracts and agreements are legally binding, they must meet certain criteria, including the legal capacity of the parties involved, mutual consent, and a lawful object. If any of these criteria are not met, the agreement is considered void, and the parties involved cannot enforce it in court.