Enforceable

Enforceable refers to the capacity of a legal instrument or obligation to be compelled by courts or regulators. An enforceable arrangement creates rights and duties that a party can seek to enforce through legal action, including remedies for breach.

In contract law, enforceability depends on validity. A contract generally requires an offer, acceptance, consideration, mutual intent to be bound, legal capacity, and legality of the subject matter. Some contracts must be in writing to be enforceable under the statute of frauds. Even valid contracts may be unenforceable if they involve illegal purposes, lack consideration, were formed under duress or misrepresentation, or if a party lacked capacity. Public policy and unconscionability may also render parts of a contract unenforceable.

Enforcement and remedies vary. Courts may award damages, order specific performance, or issue injunctions. Enforcement can extend to regulatory orders, arbitration awards, or the collection of judgments through liens or other coercive measures. Certain clauses, such as non-compete provisions or liquidated damages clauses, may have enforceability limits that differ by jurisdiction and context.

Internationally, enforceability also covers treaties and arbitral awards, which depend on recognition by domestic courts and applicable international conventions. In general, enforceability combines substantive validity with procedural mechanisms that enable the rights or obligations to be realized in practice.