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Home Q&A Forum Is a void contract enforceable in court?

Business Contracts

Standard Vendor Agreement

Massachusetts

Asked on Dec 21, 2021

Is a void contract enforceable in court?

We are a LLC Rug business. We were ask for a collaboration in exchange for a social media post. Our contract states that “If in 2 weeks you haven’t posted, then this contract is null and void and you would have to pay full price for the rugs”. Can we sue them if they don’t pay for the rugs if we mentioned that the contract is null and void?

1 Attorney answer

Answer

Business Contracts

Massachusetts

Answered 1064 days ago

Richard G.

ContractsCounsel verified

Business Lawyer
Licensed in Massachusetts
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Member Since:
April 21, 2021

What you have described appears to act as a liquidated damages clause. Typically liquidated damage clauses are unenforceable, or not enforced by courts in Massachusetts. However, there may be other methods that can be used to pursue this vendor. For example, a demand letter is one method of putting pressure on a vendor, and such a letter can be followed up with a suit if the matters in the letter are not addressed within 30 days.

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