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  1. Dictionary
    unenforceable
    /ˌʌnɪnˈfɔːsəbl/

    adjective

    • 1. (especially of an obligation or law) impossible to enforce: "such contracts may be declared unenforceable by the courts"

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  3. Jun 19, 2024 · Unenforceable. This type of contract includes terms and conditions that cannot be legally enforced. An unenforceable contract usually occurs when the contract includes an invalid clause.

  4. 2 days ago · Under the law, there are certain situations where a contract will be unenforceable. These circumstances include: lack of capacity; mistake; unconscionability; duress, undue influence, misrepresentation and fraud; and. public policy. We will explore each of these in further detail.

  5. 2 days ago · Severability is a drafting concept that allows the remainder of a contract's terms to remain effective, even if one or more of its clauses is found to be unenforceable or illegal. Unenforceable clauses may be severed from other parts of the contract, without rendering the entire contract unenforceable.

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  6. Jun 21, 2024 · Specificity of Terms: A confidentiality agreement must clearly define what constitutes 'confidential information.' Ambiguities in language can lead to legal disputes. For example, in the case of Smith v. Jones, the court held that the confidentiality agreement was unenforceable because the definition of confidential information was too vague. 2.

  7. Jun 23, 2024 · Fraud or misrepresentation: If the drafting party engaged in fraudulent or misleading practices, the contract may be unenforceable. Unequal bargaining power: If the organization has a more significant bargaining power than the consumer, a court will likely deem the contract unenforceable.

  8. 2 days ago · At summary trial, the former employee argued that the clause was unenforceable because: (i) it did not clearly define or limit his entitlements on termination and was therefore ambiguous; and (ii) it allowed the employer to change his employment terms during the notice period, contrary to section 231 of the Canada Labour Code. The trial judge ...