Final answer:
There are defenses against the formation of legally enforceable agreements, such as lack of mutual assent, incapacity, fraud, duress, undue influence, unconscionability, and illegality.
Step-by-step explanation:
Is an Agreement Legally Enforceable? Defenses Against Formation
When it comes to legally enforceable agreements, there are certain defenses that can be raised against their formation. These defenses help determine whether an agreement can be enforced by law or not. One common defense is lack of mutual assent, which means that both parties did not agree to the same terms or had a different understanding of the agreement. Another defense is incapacity, which refers to one party lacking the legal capacity to enter into the agreement, such as a minor or someone who is mentally impaired. Other defenses include fraud, duress, undue influence, unconscionability, and illegality.
For example, if Party A and Party B enter into a contract, but Party B was forced to do so under duress, Party B can raise the defense of duress to argue that the contract should not be enforced. Similarly, if one party did not have the mental capacity to understand the terms of the agreement, that party can raise the defense of incapacity.