legal reminder w: remember that contracts require that there be an offer, acceptance, and consideration. contracts for illegal purposes are void (and, therefore, unenforceable.) additionally, contracts entered into where one of the parties lacks capacity can also mean that the contract is unenforceable (minority, mental incapacity or insanity, intoxication are all examples of potential problems with capactiy; remember that generally capacity problems will make the contract voidable at the option of the person who lacks capacity - note that contracts with people for whom a guardian has been appointed are void, not voidable.) there are other circumstances that interfere with genuiness of assent (fraud, innocent misrepresentation, mutual mistake of material fact, duress, undue influence are all examples of problems with genuineness of assent)(which can also make a contract unenforceable.) it should also be noted that some contracts must be in writing to be enforceable. if there is a valid contract and it is enforceable, then the next question is whether there are any reasons why performance of the contract would be excused (frustration of purpose, impossibility of performance, and commercial impracticability are examples.) next, we must look at whether the contract has been performed (substantial performance and the doctrine of cure-along with limitations to the remedy of cure-must be considered.) lastly, if there has been a breach of the contract, then the damages should put the person in the position they should have been in had the contract been honored. pay attention to the doctrine of specific performance, along with the importance of mitigation of damages and the limitations on consequential damages. also, note the presence of third party rights (although remember that privity of contract ususally restricts rights and responsibilities of contract to the parties to the contract.)