MANAGMNT 260 Chapter 15-16: Chapter 15 and 16 notes- OneClass

• School: UMASS-Amherst
• Department: Management
• Course: MANAGMNT 260
• Professor: Caruso Frank

Document Summary

Illegality: even if parties met every other requirement agreement is unenforceable if formation or its performance is illegal , types:! Violates a statute or rile of common law ! Agreement contrary to general rule of public policy ! Surrogate mother contracts illegal (some states) : presumption of legality! Courts presume that parties intended a legal result and interpret their agreement accordingly ! All doubts are resolved in favor of legality : clean hands doctrine! You better have clean hands, or were not taking your case ! If you perform an act that is illegal, you cannot take it to court because you already performed the act : you have to have clean hands , you wont be able to recover anything ! If its a gift, you cant sue ! This is to further public interest : ignorance of fact/special regulation!