When Are Contracts Unenforceable? [No. 86]

A contract might be unenforceable despite having all of the usual formalities attached to it. Professor Seth Oranburg discusses a few common scenarios where enforceability would be a problem - if the agreement is in violation of societal interest, if one of the contracting parties is not mentally capable of understanding the implications, and if a party is a minor under the legal age for formal contracts.
Seth Oranburg is Associate Professor of Law at Duquesne University School of Law.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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[@Dangreenwatson]

Yours is perhaps the best argument I have seen for the minimum wage and rent control, and against the Lochner era. “There are things that are simply wrong for society, such as slavery. Likewise, contracts to sell yourself into slavery are unenforceable. Course will not honor those agreements, even if you desire them, because they’re abhorrent to our social values.”