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unenforceability

unenforceability

8.8
A situation in which the law cannot make people follow a rule or contract
  • noun
  • /ˌʌnɪnˈfɔːrsəˈbɪlɪti/
  • Formal
translation icon : inexigibilidad
  • They predicted that unenforceability would neither deter powerful market players from taking advantage of powerless people, nor decrease the amount of unconscionable contracts.

Examples

  • Even earlier, albeit without reference to its English origins, the term "unconscionability" was already in use by American courts as a defined legal reason for unenforceability.

    Academic text (2016)
  • The literature goes so far as to argue that the opposite is conceivable: that the enforceability of unconscionable contracts (as opposed to their unenforceability) is itself the judicial response that would carry a negative impact.

    Academic text (2016)
  • But at the same time, racial undecidability and legal unenforceability created demands for additional and more precise forms of racial knowledge and other modalities of governance.

    Academic text (2010)
  • They argue that stronger parties will respond to unenforceability by using even harsher terms the next time around, choosing to further raise their prices, or refraining from dealing with weaker parties altogether.

    Academic text (2016)
  • Third, the pro-conscience literature counters the prediction of legal economists regarding the future impact of enforceability decisions, rejecting the assumption that unenforceability may make things worse.

    Academic text (2016)
  • The fact that ipso facto clauses are in fact written at some cost to the parties despite unenforceability evinces the intensity of the parties' desire to treat a bankruptcy petition as a moment of reckoning.

    Academic text (2017)
  • Additionally, pro-conscience literature offers several important counterarguments to legal economists' main and most deterring objection—that unenforceability would not help and instead harm the less powerful parties who seek its protection.

    Academic text (2016)
  • The lawyer explained that the unenforceability of the contract made it invalid in court.

  • The judge ruled on the unenforceability of the agreement due to its ambiguous terms.

  • Many businesses avoid certain clauses because of their potential unenforceability in legal disputes.

Antonyms

enforceability
  • Specialized
1 6.5

How easily a rule or agreement can be made to work by the courts

How Enforceable

enforceability
  • Specialized
1 6.5
unenforceability
  • Formal
8.8

Surface Forms

Morphology

unenforceability = unenforceable (transparent) = un + enforce + able + ity

Standard noun formation from the adjective 'unenforceable' by adding '-ity'; the relation is directly derivable.

Etymology

Unenforceability breaks into un- ('not'), enforce (from force, 'to make someone obey'), and -ability ('ability'). So unenforceability is the 'not ability to make a rule, contract, or law work', meaning something that cannot be enforced by authority.