When it comes to creating an agreement or contract, it is important to ensure that its provisions align with public policy. Agreements that violate public policy are deemed unenforceable and may even lead to legal consequences. Public policy refers to the principles and beliefs that are considered essential to the welfare of society. In this article, we will delve into the types of agreements that are opposed to public policy.
Agreements Against Law
Agreements that contravene the law or encourage illegal activity are considered against public policy. For instance, a contract between two parties to engage in a drug business would be deemed unenforceable since it goes against public policy.
Agreements against Morality
Agreements that violate public morals and decency are also opposed to public policy. These agreements encourage behavior that is considered immoral and detrimental to society. For instance, a contract between two parties that promotes prostitution would be considered unenforceable.
Agreements against Public Safety
Agreements that compromise public safety are opposed to public policy. These agreements expose the public to risk and danger, and society cannot tolerate such contracts. For example, a contract between two parties to manufacture and sell faulty products that can cause harm or injury to consumers would be unenforceable.
Agreements Against Public Interest
Agreements that do not serve the interest of the public are opposed to public policy. These contracts may have adverse impacts on the general public. For instance, a contract between two parties that restricts competition and unfairly monopolizes the market would be considered unenforceable.
Agreements against Equality
Agreements that promote inequality and discrimination are opposed to public policy. These contracts treat some individuals unfairly and go against the principles of justice and fairness. For instance, a contract that prohibits an employee from taking sick leave or vacation due to their gender would be unenforceable.
In conclusion, it is essential to ensure that agreements align with public policy before entering into them. Agreements against the law, morality, public safety, public interest, and equality are deemed unenforceable and may even lead to legal action. Therefore, it is advisable to consult an expert in case of doubt.