Agreement with No Power in Law: What It Means and How to Avoid It
Have you ever heard of the term “agreement with no power in law”? This refers to an agreement or contract that may seem valid and binding between two parties, but is not enforceable in a court of law. In other words, it has no legal standing and cannot be enforced by a court.
This can happen for several reasons, such as:
1. Lack of consideration: An agreement must involve an exchange of something of value (known as consideration) between the parties. If one party fails to provide consideration, the agreement may not be enforceable.
2. Violation of public policy: An agreement that violates a law or public policy will not be enforceable. For example, an agreement to commit a crime or to discriminate against a protected class of people is not legally binding.
3. Lack of capacity: If one or both parties do not have the legal capacity to enter into a contract (such as minors or mentally incompetent individuals), the agreement may not be enforceable.
4. Misrepresentation or fraud: If one party intentionally misrepresents or lies about important facts involved in the agreement, the agreement may be unenforceable due to fraud.
5. Ambiguity: If the terms of the agreement are unclear or ambiguous, it may not be enforceable because it is impossible to determine the intent of the parties.
So, how can you avoid entering into an agreement with no power in law? Here are some tips:
1. Consult with a lawyer: If you are unsure about the legal validity of an agreement, it`s always best to consult with a lawyer who can advise you on the matter.
2. Ensure consideration is exchanged: Make sure that both parties give and receive something of value in the agreement. This can be money, goods or services.
3. Be aware of public policy: Make sure that any agreement you enter into does not violate any laws or public policy.
4. Ensure both parties have capacity: Make sure that both parties have the legal capacity to enter into the agreement.
5. Be clear and precise: Make sure that the terms of the agreement are clear, precise, and unambiguous.
In conclusion, it is important to be aware of the potential pitfalls of entering into an agreement with no power in law. By following the tips outlined above and exercising due diligence, you can avoid entering into an unenforceable agreement and protect yourself from potential legal issues.