illegality

Question 1

What makes a contract illegal?

Answer 1

contract/contract term is unenforceable if it is “illegal,” meaning if it violates a statute or regulation

Question 2

Illegality

Answer 2

a contract cannot be enforced in the contract is illegal or violates public policy. For a contract to be unenforced on the basis of illegality, the harm cannot be disproportionate to the bargained-for labor

Question 3

When can a contract with illegal elements or against public policy be enforced?

Answer 3

unjust enrichment, harm of forfeiture, causes more harm not to enforce

MUST balance competing interests

Question 4

unjust enrichment

Answer 4

party A confers a benefit upon party B without party A receiving the proper restitution required by law

Question 5

quantum meruit

Answer 5

“entitled to be paid on a quantum merit basis” > reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract

Question 6

breach of contract

Answer 6

binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance

Question 7

fraudulent inducement

Answer 7

misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred