Have you ever heard of a voidable contract or an unenforceable contract? For those who are not familiar with these legal terms, understanding the difference between the two can be a bit confusing. In this article, we will discuss the difference between voidable and unenforceable contracts.

A voidable contract refers to an agreement that one or both parties can choose to either enforce or void. This type of contract is valid, but there is a defect that allows one or both parties to avoid the obligation of the contract. A contract becomes voidable when one party agrees to the terms under false pretenses, duress or undue influence. For example, if a person signs a contract due to fraudulent misrepresentation or if they are forced to sign the contract, the contract becomes voidable at the option of the injured party. In such a case, the affected party can choose to either enforce or void the contract.

On the other hand, an unenforceable contract refers to an agreement that cannot be enforced by a court. While this type of contract may seem valid, a court of law cannot enforce it due to technicalities. These technicalities can range from a lack of legal formality or the absence of a required written document. A contract can also be unenforceable if it contains illegal or immoral clauses. For example, a contract that requires a person to commit an illegal act is unenforceable by law.

In summary, the main difference between voidable and unenforceable contracts is that a voidable contract is valid but can be voided by one or both parties due to some defect in the formation of the agreement. In contrast, an unenforceable contract is invalid from its inception, and a court cannot enforce it due to technicalities.

It is essential to understand these legal terms to protect yourself from any legal implications that may arise from a contract. It is strongly recommended to seek legal advice before signing a contract to ensure that you fully understand the terms and implications of the agreement. In conclusion, always be diligent in reviewing the agreements you sign to ensure that they are legally binding and enforceable.