What determines the enforceability of a contract?

The enforceability of a contract is primarily determined by the legality and conditions surrounding the contract. For a contract to be enforceable, it must meet certain legal requirements, including having a lawful object and not being contrary to public policy. If the subject matter of the contract is illegal or if the terms are vague or impossible to perform, then the contract is considered void.

Conditions of the contract also play a crucial role; they refer to the agreed-upon elements, such as consideration (something of value exchanged between the parties), mutual assent (agreement by both parties), capacity (legal ability to enter the contract), and legality (ensuring that the contract's purpose is legal). The absence of these conditions can lead to a contract being unenforceable.

While written documentation can support the contract and help establish terms, it is not the sole determinant of enforceability; verbal agreements can also be binding, depending on the circumstances. The mutual agreement of the parties is essential and reflects consent, but it does not alone ensure that a contract is enforceable if the underlying legal and conditional framework is lacking. Witnesses may enhance the credibility of a contract but are not a necessary component for enforceability. Thus, the legality and conditions provide the foundational basis for whether a