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5 reasons to challenge a contract’s legality

On Behalf of | Feb 20, 2023 | BUSINESS & COMMERCIAL LAW - Contract Disputes

If someone accuses you of breaching a contract, it’s time to pull the original contract out of your filing system. Your memory of what the contract says may have faded or distorted, and you’ll need accurate information to see where things stand.

If you discover that what they are saying is correct and you did indeed breach the contract terms, you might look at how to resolve the situation so they are happy and business between you can continue. Or, perhaps they worded their complaint so rudely that you would prefer to cut ties. If you’re concerned about being held responsible for the breach, it may be worth questioning whether the contract itself is enforceable in the first place.

Is the contract in question enforceable?

If you can show that some element of the contract was unlawful, then technically, the agreement you breached was not an enforceable arrangement in the first place. Here are some grounds on which a court might rule a contract invalid:

  1. It covered illegal activities: Showing the activity the contract covered was not fully legal could be enough to invalidate it all.
  2. You never said yes: If you never gave your consent, there is likely no deal.
  3. There was nothing in it for you: Each party needs to get something out of the contract. A contract where you signed to work for free with nothing of any kind in return is not valid.
  4. You were not competent to sign: Don’t remember signing because you were high on painkillers in the hospital after a car crash? Signed it when you were not yet 18? In such cases, a judge should rule you were not legally capable of signing.
  5. You did not consent freely: If you can show the other party pressured you into signing, a judge may void the agreement.

Defending against an alleged contract breach won’t be easy, so consider seeking legal help to examine your options.