Defenses to Enforcement Flashcards
(5 cards)
1
Q
What are the defenses against enforcement of a contract?
A
- Illegality
- Contracts Against Public Policy
- Unconscionability
2
Q
Are illegal contracts enforceable?
A
NO
3
Q
Will a contract entered in furtherance of an illegal act be enforced?
A
YES, this is because the contract itself is not illegal.
4
Q
What is a contract against public policy?
A
Contracting situations that are not formally illegal but present some other policy concern (such as restraints on marriage or contracts to commit a tort).
5
Q
When is a contract unconscionable?
A
A contract is unconscionable when it is so unfair to one party that no reasonable person would agree to it (e.g., boilerplate language that is hidden or complex; contracts of adhesion).
