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- What agreement is not legally binding?
- Which type of contract never has any legal effect?
Void Agreements and Contracts
- A void agreement has no legal effect. An agreement without necessary elements is void. Void contract does not create obligation.
- An agreement not enforceable by law is not a contract. Illegality must result from performing the contract itself.
- Agreements to exist in future are void unless all terms are agreed.
- An arbitration clause in an agreement is enforceable pending payment of stamp duty on the main contract.
- To terminate a contract, negotiate ending it. You may have to pay a fee. Duress is a defense against enforcing a contract or damages.
Legal Requirements for Contracts
- Contracts require contractual capacity and consideration. Commercial agreements intend legal relations unlike social agreements. Promise to buy goods is enforceable if other requirements exist.
Illegality in Agreements
- An illegal agreement under common law is unenforceable. If agreement becomes illegal after making, it becomes unenforceable. Previous payments must be returned.
- If a contract becomes illegal, it becomes unenforceable.
- The law does not recognize illegal or immoral contracts.