Unenforceable Contract Law and Legal Definition

An unenforceable contract is a valid contract that cannot be fully enforced due to some technical defect. Unenforceable contract has some legal consequences which may not be enforced in an action for damages or specific performance in the face of certain defenses including the statute of frauds. A contract may be good, but incapable of proof due to lapse of time, want of written form, or failure to affix a revenue stamp. Courts are usually in the habit of condemning the unenforceable agreement as ‘illegal.’ In certain cases, the conduct that renders the agreement unenforceable is a crime, however this is not usually so.