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KembaraXtra – Legal Terms – Public Policy
Public policy refers to the fundamental principles and values that support the legal system and the welfare of society. Courts may refuse to enforce agreements or legal arrangements that are considered harmful to society or contrary to these principles. In contract law, agreements contrary to public policy are often treated as illegal contracts. Examples include contracts to commit crimes, commit torts, defraud tax authorities, interfere with justice, or undermine national security.
Some contracts contrary to public policy are merely void rather than illegal. Such contracts are unenforceable but may receive slightly more lenient treatment from the courts. Examples include contracts in restraint of trade, restraint of marriage, and marriage brokerage contracts. Public policy is also relevant in private international law because courts may refuse to apply foreign laws or enforce foreign judgments if doing so would violate domestic public policy. The doctrine therefore allows courts to protect the integrity of the legal system and the moral standards of society.
Public policy refers to the fundamental principles and values that support the legal system and the welfare of society. Courts may refuse to enforce agreements or legal arrangements that are considered harmful to society or contrary to these principles. In contract law, agreements contrary to public policy are often treated as illegal contracts. Examples include contracts to commit crimes, commit torts, defraud tax authorities, interfere with justice, or undermine national security.
Some contracts contrary to public policy are merely void rather than illegal. Such contracts are unenforceable but may receive slightly more lenient treatment from the courts. Examples include contracts in restraint of trade, restraint of marriage, and marriage brokerage contracts. Public policy is also relevant in private international law because courts may refuse to apply foreign laws or enforce foreign judgments if doing so would violate domestic public policy. The doctrine therefore allows courts to protect the integrity of the legal system and the moral standards of society.
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