Law 2101 Study Guide - Quiz Guide: Hardcore Pornography, Socalled, Artificial Insemination
Document Summary
All jurisdictions contain statutory provisions that prohibit the conclusion of certain types of contracts. For example, encouraging someone to commit a crime by paying this person money is a criminal offence. The same is true for knowingly buying stolen property. Statutory illegality can often also be categorized as being against public policy or good morals. The important advantage of being able to refer to a statutory provision is that the court no longer needs to ask itself what public policy or good morals exactly require. In the event that the incited party or fencer claims payment before the court, the court will declare the contract void and reject the claim. Not all contracts violating a statutory rule will be declared as void. Sometimes a provision only aims to protect one party to the contract, as in the case where consumer suretyship is not made on a written form, which only makes the contract avoidable by the guarantor.
