Agreement and enforceability are two essential concepts in the field of law. In order to understand how these concepts relate to each other, it is important to first define each term separately.
Agreement, broadly speaking, refers to the meeting of two or more minds in regards to a particular subject matter. In other words, when two parties agree on something, they are essentially coming to a consensus about a certain issue. This agreement can be either in the form of a verbal or written contract, and it is typically legally binding.
However, not all agreements are enforceable. For an agreement to be enforceable, it must meet certain criteria, such as having a valid consideration (i.e., something of value that is exchanged between the parties), being entered into voluntarily without duress or coercion, and being between parties who are legally able to enter into such an agreement.
Enforceability, on the other hand, refers to the ability of a party to compel the other party to uphold their end of the agreement. In other words, if one party breaches the terms of the agreement, the other party should be able to seek legal remedies to enforce the agreement.
Enforceability is largely dependent on the terms of the agreement itself. If the agreement is poorly drafted, ambiguous, or contains terms that are illegal or against public policy, then it may be difficult to enforce. Similarly, if the agreement is entered into under fraudulent or deceptive circumstances, it may also be difficult to enforce.
In order to ensure that an agreement is enforceable, it is important to work with an experienced attorney who can draft the agreement in a clear and concise manner, and who can help identify any potential issues with enforceability.
Overall, agreement and enforceability are two critical concepts in the field of law. While agreement is the foundation upon which legal contracts are built, the enforceability of those agreements is what allows parties to seek legal recourse when one party fails to uphold their end of the bargain. By understanding these concepts, individuals and businesses can ensure that their agreements are both legally valid and enforceable.