Agreement or contract is an essential part of any business. However, not all agreements are deemed lawful. There are certain instances where an agreement may be considered illegal. As a business owner or an individual entering into a contract, it is crucial to understand when an agreement is said to be unlawful.
Unlawful agreements are those that violate the law. If an agreement is against public policy, it is considered an unlawful contract. Any agreement that encourages illegal activities or goes against the public`s morals and welfare is unlawful.
Here are some instances when an agreement may be considered illegal:
1. Agreement to commit a crime
An agreement to commit a crime is unlawful. If two parties enter into a contract with the intention of committing a crime, the contract is considered illegal, and the parties cannot enforce it in court. For example, an agreement to smuggle drugs or engage in human trafficking is unlawful and unenforceable.
2. Agreement that violates public policy
Contracts that go against public policy are considered unlawful. Public policy refers to the principles and norms that society deems necessary for the general welfare of its members. Contracts that violate public policy are unenforceable. For example, an agreement to pay someone to commit perjury is against public policy.
3. Agreement that includes fraud or misrepresentation
Agreements that include fraud or misrepresentation are considered unlawful. If one party intentionally misrepresents or fails to disclose relevant information that could influence the other party`s decision, the contract is considered fraudulent, and the parties cannot enforce it in court.
4. Agreement that restricts competition
Agreements that restrict competition are considered illegal. For example, an agreement between two companies that prevents their employees from working for their competitor`s businesses is against competition laws and is illegal.
5. Agreement with a minor or incompetent person
Agreements with minors or incompetent persons are considered void. Minors are considered incapable of entering into a lawful agreement because they lack legal capacity. Similarly, mentally incompetent persons are also considered incapable of entering into a lawful agreement. Any contract entered into with a minor or an incompetent person is considered illegal.
In conclusion, an agreement is deemed unlawful if it violates any law or goes against public policy. Any agreement that includes fraud, misrepresentation, or restricts competition is also considered illegal. As a business owner or an individual entering into a contract, it is crucial to ensure that the agreement is lawful to avoid any legal consequences. If you are unsure whether your agreement is lawful, it is advisable to seek legal advice.