Using Force To Obtain An Agreement Is

    This is the problem of an unenforceable treaty; You do not know, until you try to take the treaty to court, that it cannot be enforced. By then, it is often too late to solve the problem. So, before you sign on the polka dot line, make sure that the contract you are signing is applicable. What you do not want is to find out that the agreement is unenforceable – that is, the treaty is not good and it has to be torn apart. When a court finds that a contract is not missing, it must decide whether the contract should be enforced. There are a number of reasons why a court cannot enforce a treaty, the so-called treaty defences, which are aimed at protecting people from injustice in the negotiation process or in the substance of the treaty itself. While a contract may seem valid at first glance, there are times when it is not enforceable under the law. Instead of protecting the parties to a contract, as other contractual defences do, objections of illegality and breach of public order aim to protect the common good and the integrity of the courts by refusing to enforce certain types of contracts. The courts would not enforce contracts for illegal or immoral conduct.

    If a contract does not contain a force majeure clause or if there is no written agreement between the parties, a party may rely on the legal doctrine of frustration when the contract is affected by circumstances that are not controlled by the parties. .