Utah General Contractors - Business and Law Practice Exam

If an agreement lacks mutual consideration, what could be the consequence?

1. The contract may be enforceable

2. The agreement may be deemed void

3. The parties can simply proceed without issues

4. The contract will still be considered valid

The correct answer is: The agreement may be deemed void

When an agreement lacks mutual consideration, it impacts the enforceability of that agreement. Mutual consideration refers to the requirement that both parties in a contract provide something of value; this is a fundamental element of a valid contract. If one party does not give or receive anything of value, the contract may fail to be legally binding. In such cases, the agreement can be deemed void because it does not meet the essential criteria for a valid contract. Contracts that lack consideration do not have the necessary legal basis to compel performance or enforce obligations, leading to their invalidation in legal terms. The notion that the parties can simply proceed without issues is misleading since a lack of mutual consideration undermines the enforceability of their agreement. Similarly, suggesting that the contract remains valid ignores the foundational legal principles governing contracts. Contracts that lack consideration cannot be upheld in a court of law, making the conclusion that the agreement may be viewed as void the accurate outcome.