BSLW1021 Chapter Notes - Chapter 16: In Pari Delicto, Usury
Document Summary
Exceptions to the effect of illegality: protection of one party. When the law agreement violated is intended to protect one of the parties, the party may seek relief: unequal guilt. Least guilty party is granted relief when public interest is advanced. Partial illegality by doing so: some promises can be legal while others are illegal, legal parts are enforced while illegal ones are not. Crimes and civil wrongs: contract that involves a crime or civil wrong is void. Procedural: matters of freedom of assent resulting from inequality of bargaining power and absence of negotiations. Contract of adhesion: take it or leave it. Agreements that harm public welfare are not binding. Agreements contrary to public welfare: may not violate any stature but may still be offensive to society, public policy: protection from that which tends to be injurious to the public or contract to the public good.
