Enforceable Law Definition: Everything You Need to Know
Enforceable law definition means that an agreement has been made by two or more parties and includes the components of a valid contract.3 min read
Enforceable law definition means that an agreement has been made by two or more parties and includes the components of a valid contract. For a contract to be valid, there must be an offer, a consideration, and the parties involved must be of full mental capacity. If one party is deemed incompetent by a judge, the contract will not be enforceable.
Is an Agreement/Contract Enforceable By The Law?
It should be noted that all contracts are agreements, but not all agreements are contracts. Agreements and contracts that are properly prepared and contain all the required components are enforceable by the law. To be sure all requirements are met, a review by a lawyer is recommended. If something is missed, the agreement/contract may be unenforceable. Regardless of country, if a contract meets the requirements it will be seen as legally binding and will be enforced.
Contracts and agreements that meet all legal requirements but contain actions or products that are illegal will result in the contract being voided. If the contract contains any clauses that are against the law, they will not be enforced.
Contracts that must be in writing to be enforced by the law are listed under the statute of frauds. The contract types may vary by state but common contracts that must be in writing include:
- Marriage contracts.
- Prenuptial agreements.
- Contracts that will take longer than one year to complete.
- Buying and selling of real estate.
- Executory contracts.
- Goods and services above a set amount, usually $500 or more.
- Insurance contracts.
- Taking legal liability for another party.
Legal Purpose and Legal Obligation
A legal purpose in contract law is an essential component of an agreement. The agreement is legally binding as long as it includes legal activities and actions. A legal obligation is taking the action or abstaining from an action based on the legality of the obligation. When writing a contract, the agreement made must have a legal purpose. If it is not legal, there is a legal obligation to not follow through with the contract.
The contract must also meet the legal requirements that define a contract. This includes the following:
- An offer must be made between the parties.
- The offer must be accepted.
- A lawful consideration must be agreed upon by all parties.
- The parties must be of full mental capacity.
- The parties must be over the age of 18. If not, an adult cosigner is required.
- The contract must have a legal purpose.
- The contract must be signed free of duress.
The contract should be signed by all parties, and witnesses should be used to help validate the contract if future legal issues arise.
Are Promises Legally Enforceable
At the core, a contract is a promise or collection of promises agreed upon by two or more parties. The law of contracts is the body of law that was put in place to create the guidelines that enforce contracts. This relates to the formation, interpretation, and performance of the contract. The laws also dictate how to proceed if there is a failure of the parties to perform the promises listed in the contract.
In the court system, the consideration is seen as the most obvious choice for enforcement. The consideration is what the parties of the contract agreed to at the time of signing. This means they agreed to complete a task in exchange for money or another action.
What is a Lien
An official claim or charge called a lien is used when payment is owed for services rendered or for payment on a property that is owned. A lien is a formal document that is signed by the person who is owed money or by the debtor who has agreed to pay the outstanding amount due. The lien is then used as a way to show the legal right to sell property to fulfill the outstanding balance.
In real estate, a mortgage or deed of trust is a type of lien. All liens, to be enforced, must be recorded with the county recorder. The lien against the debtor's property is made when an abstract of judgment converts the judgment into a lien.
Examples of liens include:
- A lien placed by a landlord on a tenant's property for unpaid rent.
- A tax lien, which is used by the government to collect unpaid taxes.
- A lien placed by an attorney against a client who has not paid for services rendered.
If you need help with understanding the enforceable law definition, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.