Text 2 Illegal Agreements

What makes an agreement illegal?

Even when parties are competent to form a binding agreement, they are not free to make any contract they want. Thus, for a contract to be valid, its formation, purpose, and performance must be legal. This means that the agreement must not be contrary to law.

Illegal agreements are generally unenforceable. Indeed, in some cases, one or both parties to an illegal agreement may be arrested and tried as criminals.

What types of agreements are illegal?

Agreements which are illegal and therefore void and unenforceable include the following:

Agreements That Obstruct Legal Procedures

Agreements that obstruct legal procedures are those, which delay or block the achievement of justice. Examples of such illegal agreements are:

a) promises by witnesses to give false testimony or not to

testify at all;

b) promises to give jurors something of value to influence

their votes;

c) payment of more than the regular fee to ordinary

witnesses. Expert witnesses may legally charge their customary professional fees, which are high enough.

An example of an agreement that obstructs justice is compounding a crime. It involves accepting money or property in exchange for a promise not to prosecute or not to inform on one who has committed a crime. If the injured party independently and voluntarily decides not to press criminal charges against a criminal, then the criminal makes restitution by restoring the stolen property or its value to the owner.

Agreements That Affect Marriage Negatively

The family is the basic unit in society. Therefore agreements that violate the freedom and security of marriage are illegal. Such agreements are contrary to public policy, which encourages family life. An agreement in which one person promises not to marry is void. Likewise, an agreement in which a person promises to get a divorce is void.

Agreements to Commit Crimes or Torts

Any agreement to commit a crime or a tort is illegal. It would be foolish for the law to prohibit crimes and torts yet enforce agreements to commit such acts.

Agreements to Waive Certain Legal Rights

A waiver is the voluntary and intentional giving up of a legal right. Although many rights may be waived, some may not, such as the right to workers’ minimum wages. Law forbids agreements to pay less than legally prescribed minimum wages. Workers injured on the job must be given necessary medical care without charge, as well as financial help. A person may not waive such a right.