public policy

Question 1

Public Policy

Answer 1

A contract should not be enforced because its terms or purpose violate fundamental principles of fairness, morality, or public welfare, even if it otherwise meets the requirements of a valid contract

Question 2

When should the contract not be enforced?

Answer 2

When they contravene established societal values or legal principles
–> when a party raises a public policy defense, they argue that the court should not enforce the contract because its enforcement would undermine a fundamental public interest

Question 3

Examples of policies

Answer 3

family/marriage, gambling, trade/competition, property, litigation, government

Question 4

What are policy reasons to enforce a contract?

Answer 4

Contract reasons, law and economic reasons, social reasons

Question 5

“de novo”

Answer 5

start from beginning

Question 6

severability clause

Answer 6

terms of a contract are independent of one another

Question 7

pure commodification

Answer 7

the belief that real welfare is always promoted by permitting exchange. everything can be commodified (made available on open markets and therefore the subjects of contracts)