★ Must-know
Courts will not hear a case based on an illegal bargain that violates a statute or public policy.
The public-policy violations identified include:
Further detail
The statutory violations identified are:
Licensing statutes regulate licensed occupations such as certified public accountants, engineers, and medical doctors.
Sunday statutes or blue laws prohibit commercial business on Sunday.
📌 A restraint-of-trade restriction in a sale of a business may address time and area, while an employment restriction may address competition during or after employment, customer lists, or trade secrets.
A statutory violation breaks a written legal limit; a public-policy violation conflicts with a broader public interest.
1. What will a court generally do when a claim is based on an illegal bargain that violates a statute or public policy?
2. Which arrangement is an example of a contract that may violate public policy?
3. Which three groups are specifically addressed in connection with contractual capacity?
What do courts refuse to hear when a bargain violates a statute or public policy?
A case based on that illegal bargain.
Which three groups’ contractual capacity is addressed?
Minors, incompetent persons, and intoxicated persons.
What defines a minor, and how does the age of majority vary?
A minor is below the age of majority, which is 18 or 21 depending on the state.
Which four types of statutes are identified as sources of violations?
Licensing, gambling, usury, and Sunday statutes.
What kind of mechanism is the Statute of Frauds?
An enforcement mechanism.
Which agreements are listed under the Statute of Frauds?
Suretyship promises; an executor's or administrator's personal promise to answer for a decedent; agreements made in consideration of marriage; transfers of interests in land; agreements not performable within one year; and agreements for the sale of goods under the Uniform Commercial Code.
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