Exam 10: Illegal Agreements
Which of the following is true of Sunday contracts?
C
What are some of the contracts that are contrary to public policy? Describe any two contracts.
Some of the contracts that are contrary to public policy are:
(1)Contracts limiting the freedom of marriage: It is contrary to public policy to enter into any contract the effect of which is to limit the freedom of marriage. Such contracts are void. The following provisions in contracts have been held to render the contract a nullity:
1. An agreement whereby one party promises never to marry.
2. An agreement to refrain from marrying for a definite period of time.
3. An agreement not to marry certain named individuals.
Similarly, marriage brokerage contracts are unenforceable as against public policy. A marriage brokerage contract is one in which a person agrees to pay another for negotiating, procuring, or bringing about a marriage.
(2)Contracts injuring the public service: Any contract that may, from its very nature, injure public service is void. A person may contract as an attorney to appear before any public authority to encourage or oppose the passage of any bill. But a contract to use improper influence such as bribery to obtain the desired results is void.
Contracts to use one's influence in obtaining a public contract that by statute must be let to the lowest responsible bidder, to obtain pardons and paroles, or to pay a public official more or less than the statutory salary are also void.
Which of the following is an example of a contract contrary to public policy?
C
If a druggist sells morphine to one who does not have a prescription, a suit to collect the price would be successful.
A gambling contract is a transaction wherein the parties stand to win or lose based on pure chance.
A contract is indivisible if it can be performed in ways other than as an entity.
A person who sells alcoholic beverages to a minor when such a sale is prohibited can recover on the contract.
A contract not to compete is valid in which of the following instances?
The courts will generally still allow a wrongdoer to enforce a contract against an innocent party.
Contracts which are designed to limit competition are acceptable by law.
Most statutes requiring a license to operate certain types of businesses or professions are enacted to protect the public from incompetent operators.
Which of the following is true of contracts that limit the freedom of marriage?
A contract must be for a lawful purpose, which must be achieved in a lawful manner, otherwise the contract is:
Contracts obstructing the administration of justice are unenforceable.
In which of the following situations is a state most likely to enforce a usury law?
If a contract is divisible so that the legal parts can be performed separately from the illegal parts, then the legal parts of the contract are:
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