An illegal objective in a contract results in which outcome?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

An illegal objective in a contract results in which outcome?

Explanation:
When the objective of a contract is illegal, the agreement is unenforceable from the start. Courts will not enforce or aid a contract whose purpose violates law or public policy, so the contract is void ab initio—it’s as if it never existed in the eyes of the law. This is different from a voidable contract, which arises from defects in how the agreement was formed and can be rescinded. If the illegal aspect can be separated from the legal parts, some jurisdictions may allow severance, but when the illegality goes to the heart of the contract, the whole agreement is void due to illegality.

When the objective of a contract is illegal, the agreement is unenforceable from the start. Courts will not enforce or aid a contract whose purpose violates law or public policy, so the contract is void ab initio—it’s as if it never existed in the eyes of the law. This is different from a voidable contract, which arises from defects in how the agreement was formed and can be rescinded. If the illegal aspect can be separated from the legal parts, some jurisdictions may allow severance, but when the illegality goes to the heart of the contract, the whole agreement is void due to illegality.

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