Public Policy and Illegality

Question 1

Statutory requirements under common law (statutory of frauds)

Answer 1

RST ss 131
1. Essential Terms
2. It is sufficient to indicate a contract between parties exists.
3. It has to be signed
4.. Reasonably Identifies the subject matter

Question 2

Exceptions to statutory requirements (plaintiff could use this to shoot down statute of fraud claims)

Answer 2

1. Promissory Estoppel
2. Full performance by both parties
3. Full performance by one party
4. part performance

Question 3

Illegality

Answer 3

A contract or provision may be void or voidable if there subject matter or consideration of the contract is illegal.

Application: No bright-line test
- the importance of enforcement balanced by the protection of the public.

Cases:
Huerta v. Strong steel doors
- Illegal immigrants want their wages
- Unclean Hands Rule: Illegality of a contract is relevant when the conduct relied on is directly related to the subject matter in litigation and the party seeking remedy was injured.
- Issue: Is an employment contract enforceable when there are false employment documents?

Montoya v. Beltre
- Taxi case
- Rule:

A.z v. B.z
- Husband/Wife dispute about frozen embryos
- Rule:

Question 4

Violation of Public Policy

Answer 4

Baby M Part 1:
Issue
A.Z v. B. Z.
Issue: Is it fair that someone is being forced to be a parent?
Rule: It is unpopular to enter into familiar relationships.

RST 178
1. Parties’ justified expectations
2. Forfeiture that would result if enforcement were denied
3. Special public interest in the enforcement of the particular term
Factors against enforcement
1. Strength of Policy
2. Impact of nonenforcement
3. Seruoubs and deliberateness of misconduct
4. Connection between that misconduct and the term.

Question 5

Factors to take into account for balancing test

Answer 5

1. What was the relevant fault
2. Was the transaction illegal
3. What degree of harm was caused by the violation of the statutory scheme?
4. Was the entire contract illegal or just one part of it?
5. Will one party be harmed in a way that is disproportionate to the harm done by violating the statute?
6. Will enforcing the contract encourages people to violate the law?
7. WIll refusing to enforce the contract deter action?

Question 6

What are some arguments for enforcement?

Answer 6

Fairness
Public Policy
Courts
Institutions

Question 7

Violation of public policy examples

Answer 7

1. Family/Marriage
2. Gambling
3. Trade and compeittion
4. Property
5. Litigation
6. Government

Question 8

Storytelling and Public policyu

Answer 8

word choice, highlight or omit facts, tones, and word choice.
Subjective

Question 10

Rule 12(f ) plays two quite different roles. In its most common use
the motion to strike allows a party to challenge a part of a pleading that fails under the
substantive law, even though the rest of the pleading states a claim or defense. Suppose,
for example, A’s spouse is killed in an auto accident with B, and A sues for wrongful