Agreements Against Public Policy: What You Need to Know
When two parties enter into a contract, they usually do so with the intention of fulfilling certain obligations and receiving certain benefits in return. However, not all agreements are considered valid or enforceable. In particular, agreements that are against public policy are generally considered to be unenforceable, as they are viewed as being harmful to society as a whole.
So, what exactly constitutes an agreement against public policy? The answer is not always straightforward, as it can vary depending on a variety of factors, including the jurisdiction where the contract was formed and the specific context of the agreement. However, there are some general principles that can help guide us in understanding what types of contracts may fall into this category.
One common example of an agreement against public policy is a contract that is based on illegal activities. For example, if two parties enter into a contract to smuggle illegal drugs across national borders, that contract would be considered against public policy, as it violates both local and international laws. Similarly, contracts that involve bribery, corruption, or other illegal activities are also likely to be unenforceable.
Another type of agreement that is commonly considered to be against public policy is a contract that is unconscionable or unfairly one-sided. This can occur when one party holds a significantly stronger bargaining position than the other, and uses that position to impose unreasonable terms or conditions on the other party. For example, a contract that requires an employee to work extremely long hours for low pay, with no benefits or job security, could be considered unconscionable.
Finally, agreements that are contrary to public health or safety may also be deemed unenforceable. This can include contracts that waive liability for dangerous or defective products, or that require customers to give up certain legal rights in exchange for purchasing a product or service. For example, a contract that requires consumers to agree not to sue a company in the event of injury or death caused by the company`s products could be viewed as against public policy.
In general, courts are reluctant to enforce agreements that are against public policy, as doing so could be seen as condoning or encouraging harmful behavior. However, it is important to note that not all contracts that violate public policy are automatically considered void or unenforceable. Factors such as the severity of the violation, the parties` relative bargaining power, and the specific context of the agreement will all be taken into account when determining whether or not a contract is enforceable.
As a copy editor working in SEO, it is important to be aware of agreements against public policy and their potential impact on businesses and individuals. By understanding the principles behind these types of contracts, you can help ensure that your clients are not inadvertently entering into contracts that could put them in legal or ethical jeopardy. Additionally, by creating content that is informative and useful on this topic, you can help businesses and individuals make better-informed decisions when entering into contracts.