UGBA 175 Chapter Notes - Chapter 13: Unconscionability, Legal Hold, Protected Group
7 Oct 2016
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Law does not provide remedy for the breach of an unenforceable agreement, leaves the parties where it finds them. Illegal bargains are made unenforceable (1) discourage undesirable conduct and (2) preclude inappropriate use of judicial process to carry out socially undesirable bargains. Restatement, instead of defining the term illegal bargain, focuses on whether public policy should bar enforcement of the agreement greater flexibility. Courts do not enforce an agreement declared illegal by statute. Wagering/ gambling contracts, agreement violating statutes prohibiting crimes, agreement induced by criminal conduct (such as bribes) Laws require license for those engaged in certain trades. If someone fails to comply with licensing requirements (unlicensed), whether he may recover for services rendered depends on terms and type of licensing statute. Statute may expressly say that unlicensed person cannot recover for services. Without a statute like ^, courts distinguish between statutes that are (1) regulatory or (2) merely to raise revenue through issuance of licenses: if regulatory cannot recover.
