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Unenforceable

Description for a contract that will not be enforced by a court even though it is valid.  An unenforceable contract provision is not void, and if the parties perform as stated in the contract, the court will not object.  However, because of reasons such as dubious benefit to any party, or extreme physical hazard to one party, the court will not award any damages for breach.

 

"[W]hen a statute makes an act illegal, contracts for the performance of the illegal act are deemed void and unenforceable.  Contracts based on legitimate subject matter that are performed in an unlawful manner are also unenforceable in certain circumstances."

"[C]ourts have refused to enforce contracts on behalf of employment agencies that have failed to become licensed as required . . . .  [Still, some] cases hold that where the violation of a statute is not a serious affront to public policy or . . . seriously injurious to the public welfare, the contract will be enforced."