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Why isn't this contract enforceable?

1) This wasn't a legal purpose.
2) There was no offer and acceptance.
3) Real estate contracts must be in writing.
4) Drew didn't have the financial resources to make the offer.

1 Answer

4 votes

Final answer:

A contract may not be enforceable if it lacks a legal purpose, mutual agreement through offer and acceptance, or fails to meet the writing requirement for real estate transactions. Additionally, if a party does not have the financial resources to fulfill the offer, the contract may be considered unenforceable due to a lack of capacity to contract.

Step-by-step explanation:

The enforceability of a contract can be compromised by several factors, including illegality, lack of mutual agreement, writing requirements for certain contracts, and capacity to contract. An enforceable contract requires a legal purpose, mutual consent, with an offer and acceptance, and sometimes a written document, especially in cases of real estate transactions as mandated by the Statute of Frauds. Additionally, parties must have the capacity to enter into the agreement, meaning they must have the financial resources and competency to understand the contract's terms.

If a contract is for an illegal purpose, it is void and cannot be enforced. Similarly, without clear offer and acceptance, there is no mutual agreement or 'meeting of the minds,' which is essential for contract formation. In the context of real estate, the law requires that contracts must be in writing to be enforceable. This is to ensure clarity of agreement and to prevent misunderstandings. Moreover, if a party, like Drew mentioned in the question, lacks the financial capacity to make the offer, it may be deemed that there is a lack of capacity to contract, thus rendering the agreement unenforceable.

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