What term describes contracts that cannot be enforced due to missing elements?

The term that describes contracts that cannot be enforced due to missing elements is "void." A void contract is essentially a contract that lacks legal effect from the moment it is created because it fails to meet the requisite elements of a valid contract, such as mutual consent, lawful object, and consideration. When these essential elements are missing, the contract is rendered unenforceable, meaning that neither party can seek legal remedies or enforce the contract in court. Essentially, a void contract is treated as if it never existed.

In contrast, other terms such as "voidable" refer to contracts that may be valid and enforceable, but one party has the option to void it due to certain circumstances, such as misrepresentation or duress. "Valid" contracts, of course, are those that meet all legal requirements and can be enforced in a court of law. "Legitimate," while it may imply that something is acceptable or valid, is not a legal term used to describe contract enforceability.

Thus, the key distinction is that void contracts are fundamentally lacking in enforceability from their inception, making "void" the correct term in this context.