this post was submitted on 12 May 2024
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I see. That's not what "unenforceable" means. Unenforceable refers to a contractual responsibility that a court would never enforce. There are many reasons why a court would chosen to not enforce a contract but none of them are because a defendant doesn't have the means to combat it.
See: https://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html
Your linked to an article literally starts by asking "What kinds of contracts might not hold up in court?" and then goes on to explain this as one of these as "For example, a court will never enforce a contract promoting something already against state or federal law." Basically proving my point.
And I'm universally downvoted, and you're universally upvoted. Lemmy users crack me up.