Can a Contract be Enforced?
So you have a contract, but is it enforceable? What determines if a contract can or will be enforced by a Court of law? The simple answer is the way the contract is written. Contracts will be enforced as a matter of law by a Court if the contract is written in clear unambiguous language. In other words, if the contract on its face is understandable and the terms of the contract are clear, the Court will, as a matter of law, be required to enforce the contract terms. If there are uncertain or ambiguous terms in a contract the Court will interpret the contract and construe those terms against the drafter of the contract.
In any contract there needs to be certain clauses (paragraphs) which define the enforceability of the contract. Sometimes, contracts contain clauses which require binding arbitration (mediation) in order to be enforceable. Other times, contracts contain language which attempt to make the contract enforceable as to one party and not the other (usually the writer of the contract has the superior rights in such a case).
Contracts of Adhesion, Void As to Public Policy
There are times when a contract will be deemed a a contract of adhesion and not enforced because it violates public policy. For instance, a Lease agreement which contains certain hold harmless provisions may violate the public policy and not be enforceable. But, usually only the offending provisions of thew contract would be unenforceable, in other words a tenant would still be required to pay rent or face eviction.
Always consult an attorney about any contract issue. Have your contracts and lease agreements written or reviewed by a lawyer.
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