Legality of object-7
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An object or agreement is considered illegal if: 1) It is forbidden by law or would defeat the provisions of any law. 2) It is fraudulent or involves injury to another's person or property. 3) A court regards it as immoral or opposed to public policy.
Legality of object-7
- 2. Object is unlawful If it is forbidden by law. If it is such a nature that, if permitted, it would defeat the provisions of any law. If it is fraudulent. If it involves or implies injury to the person or property of another. If the court regards it as immoral. Where the court regards it as opposed to public policy.
- 3. Every illegal agreement is unlawful, but every unlawful agreement is not necessarily illegal.
- 4. Effects of illegality Ex turpi causa non roritur actio. In pari delicto, potior est conditio defendentis. Whether illegality is severable. Reciprocal promises. Alternative promise, one branch being illegal. Agreements void, if consideration and objects unlawful in part.
- 5. Agreements opposed to public policy Agreements of trading with enemy. Agreements to commit suicide. Agreements which interfere with administration of justice. Agreements in restraint of legal proceedings. Trafficking in public offices and titles. Agreements tending to create interest opposed to duty.
- 6. Agreements opposed to public policy Agreements in restraint of parental rights. Agreements restricting personal liberty. Agreements in restraint of marriage. Marriage brokerage or brocage agreements. Agreements interfering with marital duties. Agreements to defraud creditors or revenue authorities. Agreements in restraint of trade.