As a copy editor with experience in SEO, one of the most commonly asked legal questions that I often come across is, “Is an illegal contract enforceable?” In simple terms, an illegal contract is one that is formed for an unlawful purpose or is contrary to public policy. In most cases, such contracts are deemed void and unenforceable. In this article, we will delve deeper into the concept of illegal contracts and explore their enforceability.
What is an illegal contract?
An illegal contract is a contract that is formed for an unlawful purpose or is contrary to public policy. In other words, it is an agreement where the subject matter of the contract or the actions required to fulfill it are illegal or violate standard ethical standards. Such contracts are generally considered void and unenforceable.
Examples of illegal contracts
There are many different types of illegal contracts. Here are a few examples:
1. Contracts to commit a crime: A contract to commit a crime is illegal and unenforceable. If you have an agreement with someone to commit a crime, you cannot enforce it in court.
2. Contracts violating public policy: Some contracts are void because they violate public policy. For example, a contract that prohibits a person from filing a lawsuit or reporting sexual harassment in the workplace is void as it goes against public policy.
3. Contracts that require illegal acts: A contract that requires one party to perform an act that is illegal is also void. For example, a contract that requires someone to sell drugs or engage in prostitution is illegal and unenforceable.
Enforceability of illegal contracts
As a general rule, illegal contracts are unenforceable. This means that if one party breaches the contract, the other party cannot sue for a breach of contract. For example, if you have a contract with someone to sell drugs and they fail to deliver, you cannot sue them for breach of contract.
However, there are some exceptions to this rule. In some cases, courts may still enforce an illegal contract if it is necessary to prevent injustice or further a legitimate public interest. For example, if a person hires a contractor to repair their home, but the contractor lacks a necessary license, the court may still enforce the contract if it is necessary to prevent the homeowner from suffering a loss.
Conclusion
In conclusion, an illegal contract is generally considered void and unenforceable. This means that if you enter into an agreement that is illegal, you cannot sue to enforce it. However, there are some exceptions to this rule, and courts may still enforce an illegal contract in certain circumstances. If you are unsure about the legality of a contract, it is best to consult with a qualified attorney to review the contract and provide advice.