Unenforceable refers to a contract, law, or agreement that, although valid, will not be enforced by a court. An unenforceable contract provision is not void, and if the parties fulfill the contract’s terms, the court will not object. However, the court will not award damages for breach due to reasons such as dubious benefit to any party or extreme physical hazard to one party. This means that if one party fails to comply with the terms, the other party cannot seek legal enforcement or remedies through the courts.
See:
- Consolidated Laws of New York CHAPTER 24-A General Obligations - ARTICLE 5 Creation, Definition and Enforcement of Contractual Obligations - TITLE 3 Certain Prohibited Contracts and Provisions of Contracts:
- SECTION 5-336 Nondisclosure agreements
- SECTION 5-337 Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable
[Last updated in July of 2024 by the Wex Definitions Team]