Policy Issues Flashcards
RST §178(1) When a Term Is Unenforceable on Grounds of Public Policy.
(1) A promise or other term of an agreement is unenforceable on grounds of public policy if legislation provides that it is unenforceable or the interest in observing the public policy clearly outweighs its enforcement
RST §178(3) Factors to consider
In weighing a public policy against enforcement of a term, account is taken of
(a) the strength of that policy as manifested by legislation or judicial decisions,
(b) the likelihood that a refusal to enforce the term will further that policy,
(c) the seriousness of any misconduct involved and the extent to which it was deliberate, and
(d) the directness of the connection between that misconduct and the term.
§191.Promise Affecting Custody
A promise affecting the right of custody of a minor child is unenforceable on grounds of public policy unless the disposition as to custody is consistent with the best interest of the child
Contracts to Commit serious crimes
Where a contract involves a serious crime or tort, unenforceability is plain in light of the balancing test
§192.Promise Involving Commission of a Tort.
A promise to commit a tort or to induce the commission of a tort is unenforceable on grounds of public policy.
RST §182.Effect of Performance if Intended Use Is Improper.
If the promisee has substantially performed, enforcement of a promise is not precluded on grounds of public policy because of some improper use that the promisor intends to make of what he obtains unless the promisee
(a) acted for the purpose of furthering the improper use, or
(b) knew of the use and the use involves grave social harm.
BLOSSOM
Effect of public policy
A contract or provision that is unenforceable for public policy reasons is VOID meaning it is enforceable against no one
Availability of Restitution
Generally, a party has no claim in restitution for performance rendered under a contract that is unenforceable on public policy grounds RST § 197
However a court may allow for restitution when denial of restitution would cause a disproportionate forfeiture RST § 197 XLO
§189.Promise in Restraint of Marriage.
A promise is unenforceable on grounds of public policy if it is unreasonably in restraint of marriage.
(1) A promise or other term of an agreement is unenforceable on grounds of public policy if legislation provides that it is unenforceable or the interest in observing the public policy clearly outweighs its enforcement
RST §178(1) When a Term Is Unenforceable on Grounds of Public Policy.
A promise to commit a tort or to induce the commission of a tort is unenforceable on grounds of public policy.
§192.Promise Involving Commission of a Tort.
If the promisee has substantially performed, enforcement of a promise is not precluded on grounds of public policy because of some improper use that the promisor intends to make of what he obtains unless the promisee
(a) acted for the purpose of furthering the improper use, or
(b) knew of the use and the use involves grave social harm.
BLOSSOM
RST §182.Effect of Performance if Intended Use Is Improper.
a party has no claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy unless denial of restitution would cause disproportionate forfeiture.
XLO
RST §197.Restitution Generally Unavailable.
In weighing a public policy against enforcement of a term, account is taken of
(a) the strength of that policy as manifested by legislation or judicial decisions,
(b) the likelihood that a refusal to enforce the term will further that policy,
(c) the seriousness of any misconduct involved and the extent to which it was deliberate, and
(d) the directness of the connection between that misconduct and the term.
RST §178(3) Factors to consider
Where a contract involves a serious crime or tort, unenforceability is plain in light of the balancing test
Contracts to Commit serious crimes
