Generally speaking, parties that enter into contracts in California or any other state are bound by its terms. However, there is a chance that specific language within the document itself is not enforceable. In some cases, that may mean that the entire deal has to be cancelled. Unfortunately, an individual may not know if a contract is valid until a judge has a chance to review it.
A contract may not be valid if a party to the agreement doesn’t have the capacity to understand what he or she is agreeing to. For instance, minors are typically declared to lack the capacity needed to be held to the terms of agreements that they make. A person who has a cognitive issue or who is impaired when a deal is signed may also lack the capacity to enter into a legal contract.
An agreement that requires a person to break the law is generally not valid. As an example, a contract that would require someone to purchase controlled substances couldn’t be upheld by a judge. If a party to a contract misrepresents the terms of the deal, it may also be thrown out if the other party mounts a legal challenge to that agreement. While verbal contracts are generally enforceable, state law may require that some agreements are made in writing.
Individuals who are engaged in contract disputes might benefit by hiring an attorney to help resolve the matter. Legal counsel may help a person come to a favorable conclusion without having to go to court. In some cases, this may be done by rewriting the contract to an individual’s satisfaction. An attorney may also help to enforce language within a contract stating that disputes must be resolved through mediation or arbitration.
