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Legality of object-7
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Legality of object-7

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  • 1. Legality of Object
  • 2. Object is unlawful If it is forbidden by law. If it is such a nature that, if permitted, it would defeat the provisions of any law. If it is fraudulent. If it involves or implies injury to the person or property of another. If the court regards it as immoral. Where the court regards it as opposed to public policy.
  • 3. Every illegal agreement is unlawful, but every unlawful agreement is not necessarily illegal.
  • 4. Effects of illegality Ex turpi causa non roritur actio. In pari delicto, potior est conditio defendentis. Whether illegality is severable. Reciprocal promises. Alternative promise, one branch being illegal. Agreements void, if consideration and objects unlawful in part.
  • 5. Agreements opposed to public policy Agreements of trading with enemy. Agreements to commit suicide. Agreements which interfere with administration of justice. Agreements in restraint of legal proceedings. Trafficking in public offices and titles. Agreements tending to create interest opposed to duty.
  • 6. Agreements opposed to public policy Agreements in restraint of parental rights. Agreements restricting personal liberty. Agreements in restraint of marriage. Marriage brokerage or brocage agreements. Agreements interfering with marital duties. Agreements to defraud creditors or revenue authorities. Agreements in restraint of trade.
  • 7. Trade combinations
  • 8. Service contracts

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