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Editing Contracts/Illegality
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An illegal agreement under the common law of contract is one that the court will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a [[contract killing|contract for murder]]. | An illegal agreement under the common law of contract is one that the court will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a [[contract killing|contract for murder]]. | ||
However, a contract that requires only legal performance on the part of each party, such as the sale of packs of [[Playing card|cards]] to a known gambler, where [[gambling]] is illegal, will nonetheless be enforceable. A contract directly linked to the [[gambling]] act itself, such as paying off gambling debts (see [[proximate cause]]), however, will not meet the legal standards of enforceability.Β Therefore | However, a contract that requires only legal performance on the part of each party, such as the sale of packs of [[Playing card|cards]] to a known gambler, where [[gambling]] is illegal, will nonetheless be enforceable. A contract directly linked to the [[gambling]] act itself, such as paying off gambling debts (see [[proximate cause]]), however, will not meet the legal standards of enforceability.Β Therefore an employment contract between a [[blackjack]] [[Croupier|dealer]] and a [[speakeasy]] manager, is an example of an illegal agreement and the employee has no valid claim to his anticipated wages if gambling is illegal under that [[jurisdiction]]. | ||
In ''[[Bovard v. American Horse Enterprises]]'' (1988),<ref>''Bovard v. American Horse Enterprises'', [http://online.ceb.com/CalCases/CA3/201CA3d832.htm 201 Cal. App. 3d 832, 247 Cal. Rptr. 340] (1988).</ref> the [[California Courts of Appeal|California Court of Appeal for the Third District]] refused to enforce a contract for payment of [[promissory note]]s used for the purchase of a company that manufactured drug paraphernalia. Although the items sold were not actually illegal, the court refused to enforce the contract for [[public policy]] concerns. | In ''[[Bovard v. American Horse Enterprises]]'' (1988),<ref>''Bovard v. American Horse Enterprises'', [http://online.ceb.com/CalCases/CA3/201CA3d832.htm 201 Cal. App. 3d 832, 247 Cal. Rptr. 340] (1988).</ref> the [[California Courts of Appeal|California Court of Appeal for the Third District]] refused to enforce a contract for payment of [[promissory note]]s used for the purchase of a company that manufactured drug paraphernalia. Although the items sold were not actually illegal, the court refused to enforce the contract for [[public policy]] concerns. | ||
