§ 1613 Void Unenforceable Contract Terms

Civil Code·California

AI SummaryVerified

If a contract says there's only one way to figure out payment, but that way can't actually be done, that part of the contract is void.

Key Takeaways

•Only the impossible method is void, not the whole contract.
•This rule doesn't apply to the cases listed in sections 1729 and 1730.
•The contract can still work if another way to determine payment is used.

Example

A landlord and tenant agree that the rent will be calculated using a formula that needs a city permit that never gets approved, making the formula impossible to use.

Because the agreed method can't be carried out, that clause is void, but the rest of the lease can still be enforced.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1613 Void Unenforceable Contract Terms

Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code. (Amended by Stats. 1931, Ch. 1070.)

Last verified: January 9, 2026

Key Terms

exclusive method consideration impossible of execution sections 1729 and 1730

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1613.

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Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References