Logo
Contact Us
  • Media, PA Office

    610-565-4055
  • Wilmington, DE Office

    302-594-4535
Follow Us
  • HOME
  • FIRM OVERVIEW
  • OUR ATTORNEYS
    • Timothy B. Barnard
    • John J. Mezzanotte, Jr.
    • Mark S. Pinnie
    • Anne Kai Seelaus
    • Denise Seastone Kraft
  • PRACTICE AREAS
    • Personal Injury
      • Motor Vehicle Accidents
        • Auto Accidents
        • Motorcycle Accidents
      • Premises Liability
      • Workers Compensation
    • Corporate & Business Law
    • Real Estate
      • Commercial Real Estate
      • Zoning Land Use
    • Estate Planning Administration
      • Estate Planning
      • Wills
      • Trusts
      • Living Wills
      • Probate Estate Administration
    • Products Liability
    • Intellectual Property
  • RESOURCES
  • OUR BLOG
  • CONTACT US

When Is a Contract Enforceable?

April 4, 2016 By Mark Pinnie

Contract Enforceable

You’ve entered into an agreement with a vendor, supplier or customer, but one of the parties refuses to honor its terms, arguing that the contract is void. What requirements must be met for a contract to be enforceable? Here’s an overview of the basic components of a valid and enforceable agreement.

There Must Be a Bargain

An enforceable contract requires at least two parties. There must be an offer by one party and it must be accepted by the other party. The agreement is typically a bilateral one—an exchange of a promise by one party for a promise by the other party. However, an agreement may be a unilateral one, where one party makes a promise in exchange for an act—an offer to pay a reward is the classic example of a unilateral contract.

There Must Be Consideration

Essentially, this requires that both parties give something of value—cash, property or labor, as a general rule. It can also be a promise not to do something.

The Parties Must Have Legal Capacity

A contract is only enforceable if both parties can be shown to understand that they have entered into a contract and they know and understand the terms of the agreement. Parties may be considered to lack the capacity to enter into a valid contract for the following reasons:

  • Mental health challenges—a person who is mentally ill may lack capacity
  • Intoxication or inebriation—a person under the influence of drugs or alcohol may not be able to enter into a legal agreement
  • Age—as a general rule, minors have the right to “disaffirm” a contract, rendering it invalid

The Parties Must Have Knowingly and Intentionally Entered into the Agreement

The law refers to this as “volition.” A party may lack volition if there is evidence of fraud or misrepresentation, coercion or undue influence.

The Subject Matter of the Contract Must Be Legal

The courts will not enforce agreements to perform illegal acts.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Business Law Tagged With: Business Law

Our Practice Areas

  • Personal Injury
  • Motor Vehicle Accidents
  • Auto Accidents
  • Motorcycle Accidents
  • Premises Liability
  • Workers' Compensation
  • Corporate & Business Law
  • Real Estate
  • Commercial Real Estate
  • Zoning and Land Use
  • Estate Planning & Administration
  • Estate Planning 101
  • Probate & Estate Administration
  • Wills
  • Living Wills
  • Trusts
  • Intellectual Property Litigation
  • Copyright Litigation
  • Trademark Litigation
  • Trade Secret Litigation
  • False Advertising Litigation
  • Products Liability

Contact Us Today

Contact us today for a free initial consultation to discuss your legal concerns.

  • This field is for validation purposes and should be left unchanged.

From Our Blog

Must Property Owners Remove Snow and Ice? It's winter in Pennsylvania, when snow and ice make … [Read More...]

Is There a Higher Standard of Care When Driving in Ice and Snow? Under the laws governing … [Read More...]

Media, PA Office

Media, PA Office
218 West Front Street Media, Pennsylvania 19063
Phone: (610) 565-4055
Map

Wilmington, DE Office

Wilmington, DE Office
1205 N. Orange Street
PO Box 26304
Wilmington, DE 19899
(302) 594-4535

Links

  • Firm Overview
  • Attorneys
  • Practice Areas
  • Resources
  • Personal Injury
  • Business Law
  • Real Estate
  • Estate Planning
  • DUI & Minor Criminal

contact us

610-565-4055

© 2020 by Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP. All rights reserved. Disclaimer CONCEPT, DESIGN and HOSTING BY GETLEGAL.COM'S WEB SERVICES TEAM.