Section 9.1
Agreements that Violate Statutes

Statutes
Section 9.1
Agreements that Violate Statutes
Section 9.2
Agreements Contrary to Public Policy
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
What You’ll Learn
How to explain what makes a contract illegal (p. 186)
How to identify the consequences of illegality in relation to contract law (p. 186)
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
What You’ll Learn
How to identify contracts that are illegal by statutory law (p. 188)
How to identify different types of licenses
(p. 191)
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Why It’s Important
By understanding the concept of illegality in contract law, you will be able to avoid problems that might arise when you consider entering a contract.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Legal Terms conspiracy (p. 186) interest (p.189) usury (p. 189) lottery (p. 190) license (p. 191)
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section Outline
The Nature and Consequences of Illegality
Illegality in Entire Agreement
In Pari Delicto and Divisible Contracts
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section Outline
Agreements that Violate Statutes
Civil and Criminal Statutes
Usury Statutes
Gambling Statutes
Sunday Statutes
Licensing Statutes
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Pre-Learning Question
What are the consequences of being party to an illegal contract?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
The Nature and Consequences of Illegality
Legality is the last of the six elements that make up a valid contract.
Even if a contract has all the other elements, it may still be invalid if it lacks a legal purpose.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
The Nature and Consequences of Illegality
A contract can be made illegal in many ways. It may be illegal if it involves an agreement to do something that violates statutory law.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
The Nature and Consequences of Illegality
Making the agreement itself could be illegal. For example, individuals who agree to commit crimes for a promised consideration are involved in what criminal law calls conspiracy .
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Illegality in Entire Agreement
If it’s impossible to separate a contract into isolated promises and acts, each of which can be performed independently of the others, then the entire contract is rendered illegal.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Illegality in Entire Agreement
If any part of the agreement is contaminated by illegality, a valid contract cannot result.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
In Pari Delicto and
Divisible Contracts
If certain promises and actions in a contract can be successfully performed by themselves, then the contract is said to be divisible.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
In Pari Delicto and
Divisible Contracts
In such cases, the courts may enforce those parts of the agreement that are legal and revoke the parts that are not.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
In Pari Delicto and
Divisible Contracts
Parties are said to be in pari delicto (in equal fault) if they both know that the agreement is illegal. In such cases, the court will aid neither party.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
In Pari Delicto and
Divisible Contracts
However, if one of the parties is unaware of wrongdoing, then the parties are not in pari delicto and courts may grant relief to the innocent party.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Pre-Learning Question
What type of agreements do you think would violate state statutes?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Agreements that Violate Statutes
State legislatures pass laws declaring that certain types of agreements are illegal and void because they violate:
Civil and criminal statutes
Usury statutes
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Agreements that Violate Statutes
Gambling statutes
Licensing statutes
Sunday statutes
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Civil and Criminal Statutes
Agreements that require one party to commit a tort or a crime are illegal.
Agreements to protect one party from the consequences of torts or crimes committed are also illegal.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
What does in pari delicto mean and how does it relate to illegal contracts?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
It means “in equal fault” and refers to both parties of a contract who know that an agreement is illegal.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Usury Statutes
Each state sets a maximum interest rate that lenders can charge for loans by statute.
Interest is the fee the borrower pays to the lender for using the money.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Usury Statutes
The interest rate the lender and borrower agree upon must not exceed the maximum rate allowed by state law.
Charging more than the maximum legal interest rate is usury .
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
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Gambling Statutes
State statutes also prohibit gambling agreements —agreements in which one party wins and another party loses, even if some skill may be involved.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Gambling Statutes
Gambling agreements include:
Playing cards for money.
Money wagers or bets on elections or sports events.
Buying tickets in a sports pool.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Gambling Statutes
In the past, most states prohibited gambling.
Recently, however, many states changed their laws to allow some regulated gambling, such as
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Gambling Statutes
Betting at racetracks.
Certain forms of off-track betting.
State-run lotteries.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Gambling Statutes
A lottery is a game that consists of drawing lots, typically tickets with different combinations of numbers printed on them, in which prizes are distributed to the winners among persons buying a chance.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Sunday Statutes
In some states, it is illegal to make or perform contracts on Sunday.
These are called Sunday statutes or blue laws.
The statutes vary greatly from state to state.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Licensing Statutes
A license is a legal document stating that the holder has permission from the proper authorities to carry on a certain trade or profession.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Licensing Statutes
All states have statues that require persons to have a license to practice certain trades or professions and engaging in such a trade or profession without a license is illegal.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Licensing Statutes
Some licenses are designed to protect the public from dealing with unqualified persons.
Some state statutes require licenses simply to raise revenue.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Licensing Statutes
In most states the following trade and professional workers must be licensed:
Nurses
Surveyors
Funeral directors
Barbers
Plumbers
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
1.
What makes a contract illegal?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
Answer
Illegal contracts may be created in many ways. A contract may be illegal if it involves an agreement to do something that violates statutory law.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
2.
What are the consequences of illegality in relation to contract law?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
Answer
If the contract cannot be separated into isolated promises and acts that can be performed independently, the entire contract is rendered illegal. If any part of the agreement is illegal, a valid contract cannot result.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
Answer
If the contract is divisible the court may enforce the legal parts of the agreement and revoke the illegal parts.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
3.
What contracts are illegal by statutory law?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
Answer
Contracts that violate a state’s civil or criminal statutes, usury statutes, gambling statutes, licensing statutes, or Sunday statutes.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
4.
What are the different types of licenses?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Reviewing What You Learned
Answer
Some licenses raise revenue, other are designed to protect the public.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Critical Thinking Activity
Illegal Contracts
Why does the law usually refuse to uphold illegal contracts?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Critical Thinking Activity Answer
Illegal Contracts
Answers will vary, but should recognize that in the eyes of the law, an illegal agreement is void. It has no legal effect.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Legal Skills in Action
Discouraging Illegal Contracts
Inez and Chris have been in business together for three years. Their business is doing badly, so Chris comes up with a plan.
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Legal Skills in Action
Discouraging Illegal Contracts
The plan involves contractual arrangements with illegal aliens willing to work for low pay. How would you help Inez talk Chris out of this scheme?
Understanding Business and Personal Law Legality

Section 9.1
Agreements that Violate
Statutes
Section 9.1
Assessment
Legal Skills in Action Answer
Discouraging Illegal Contracts
Answers will vary, but should recognize that an agreement to hire illegal aliens is illegal, and there would be no valid contract.
Understanding Business and Personal Law Legality

End of Section 9.1
Agreements that Violate Statutes