An agreement which is contrary to public policy is a term used in contract law to describe a situation where a contract or agreement between two or more parties is deemed to be illegal or against public interest. Such agreements would be rendered void and unenforceable by a court of law.
The concept of an agreement that is contrary to public policy is based on the belief that certain types of agreements may harm the public or violate basic notions of morality. Therefore, these agreements are deemed to be against public policy and are not enforceable in court.
Examples of agreements which are contrary to public policy include contracts that are intended to promote illegal activities, such as drug trafficking or prostitution, or contracts that restrict a person’s legal rights or prevent them from seeking legal redress. These types of contracts are illegal and considered unenforceable.
Furthermore, certain agreements may be considered to be against public policy if they are deemed to be excessively one-sided or oppressive. For instance, a contract that forces one party to accept unfair terms or conditions may be considered to be against public policy and therefore rendered void.
Whilst it is important that contracts are generally upheld by the courts, it is equally important that they do not contravene public interest or morality. This is why courts will often strike down or refuse to enforce contracts that are considered to be against public policy.
In conclusion, an agreement which is contrary to public policy is a term used in contract law to describe a contract or agreement that is deemed to be illegal or against public interest. Such agreements are considered void and unenforceable. It is important to ensure that any contract you enter into is legal, fair and does not contravene public policy.