Public policy refers to the social and legal guidelines that act as a community’s “common sense.” Contracts that violate this “common sense” cannot be legally enforced. Showing that a contract violates public policy is a defense to a breach of that contract.
Laws and social values define “good” public policy. Some contracts, even if it fulfills all legal requirements, are invalid because of the substance of the contract. Here are some examples:
If a contract violates public policy, it’s not legally enforceable. If you are in the process of drafting a contract, contact an attorney to make sure your finished contract does not violate public policy (or anything else!). An experienced attorney can rewrite or redraft your contract if it is in violation of any public policy.
Last Modified: 12-19-2013 10:40 AM PSTLaw Library Disclaimer
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