By Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.
About the Author
Experienced Florida Attorney
Yoel Molina, Esq.
Contracts are not just documents — they are legal relationships governed by statutory law, case law, and public policy. Understanding how contracts interact with the law is essential for business owners, entrepreneurs, and anyone entering into agreements.
A contract is only enforceable if it meets specific legal requirements.
The law controls how contracts are interpreted and enforced.
Not all signed agreements are legally valid.
Courts may void contracts that violate statutes or public policy.
Strong contract drafting reduces litigation risk.
For a contract to be enforceable, it generally must include:
Offer
Acceptance
Consideration (something of value exchanged)
Legal capacity of the parties
Lawful purpose
If one of these elements is missing, the agreement may not be enforceable under state law.
Even when a contract is validly formed, courts rely on legal principles to interpret disputes. These include:
State statutes
Judicial precedent
Rules of construction
Public policy considerations
For example, ambiguous language may be interpreted against the drafter. This highlights why precision in drafting matters.
Both written and oral agreements can be enforceable. However:
Written contracts are easier to prove.
Certain agreements must be in writing (such as many real estate contracts).
Clear documentation reduces evidentiary disputes.
From a legal risk perspective, written agreements provide stronger protection.
A contract cannot override statutory protections.
Examples of unenforceable provisions may include:
Agreements involving illegal conduct
Contracts that violate consumer protection laws
Certain waivers of statutory employment rights
If a contract violates public policy, courts may declare it void.
When a party fails to perform, the law provides remedies such as:
Monetary damages
Specific performance
Rescission
Contract reformation
The remedy depends on the facts and governing law.
Contracts allocate risk. Businesses should:
Clearly define obligations
Specify governing law and venue
Include dispute resolution clauses
Regularly update templates for legal changes
Using generic templates without legal review can increase exposure.
Is every signed contract enforceable?
No. It must meet legal requirements and comply with applicable law.
Can a contract be enforced if it seems unfair?
Possibly, unless it is unconscionable or violates public policy.
What happens if a contract violates a statute?
Courts may refuse to enforce it.
Do businesses need legal review of contracts?
Legal review reduces ambiguity and long-term risk.
Contracts create obligations — but the law determines whether those obligations are enforceable. Understanding this relationship helps businesses avoid disputes, reduce liability, and build stronger agreements.
For legal guidance contact:
Law Office of Yoel Molina, P.A.
(305) 548-5020 (Option 1)
WhatsApp: (305) 349-3637
For inquiries, please contact our Front Desk at fd@molawoffice.com or Admin at admin@molawoffice.com. You can also reach us by phone at +1 305-548-5020, option 1.
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