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Illegal Contracts under Common Law


Publicado el 15/12/2021

Illegal Contracts Under Common Law: Know Your Rights

Contracts form the backbone of modern society. They are used in every facet of our lives, from buying groceries at the store to signing an employment agreement with a new employer. But what happens when a contract is illegal? It`s important to understand your rights and responsibilities when dealing with illegal contracts under common law.

What is an Illegal Contract?

An illegal contract is one that violates the law in some way. This can happen in several different ways, such as when the subject matter of the contract is illegal, when the purpose of the contract is illegal, or when one party lacks the proper legal capacity to enter into the contract.

Examples of illegal contracts include agreements to commit crimes, agreements to engage in prostitution, and contracts that violate public policy. These types of contracts are considered void and unenforceable under common law.

What Are Your Options?

If you have entered into an illegal contract, you may have a few options available to you. One option is to seek to have the contract declared void and unenforceable. This can be done by filing a lawsuit in court and providing evidence that the contract is illegal.

Another option is to seek to have the contract reformed. This means that the contract would be modified in some way to make it legal. This often involves renegotiating the terms of the contract or removing the illegal provisions.

It`s important to note that if you are a party to an illegal contract, you may also be subject to criminal prosecution. This is especially true if the contract involves illegal activities or violates public policy.

What to Look For

When entering into a contract, it`s important to be aware of the potential pitfalls of illegal contracts under common law. Look for red flags such as contracts that involve illegal activities or that violate public policy. Additionally, be sure to read the contract carefully and ask questions if you are unsure about any of the terms.

If you suspect that a contract may be illegal, it`s best to seek legal advice before signing. An experienced attorney can help you understand your rights and protect your interests.

In Conclusion

Illegal contracts under common law can have serious consequences, both legally and financially. It`s important to understand your rights and responsibilities when entering into any contract and to be aware of the potential risks of illegal contracts. With the help of an experienced attorney, you can protect yourself and avoid the pitfalls of illegal contracts.

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