ABA Family Legal Guide

Contracts and Consumer Law

Introduction to Contracts

Limits to a Contract

May someone make a contract to do or sell something illegal?

No. The courts will not help someone collect an illegal gambling debt, or payment for illegal drugs or prostitution. The law treats these contracts as if they never existed; they are unenforceable or void. This is the contract defense of illegality.

Similarly, some contracts that are not specifically outlawed will also not be enforced if a court determines enforcement would violate public policy. An example would be a contract to become a slave, which may not be prohibited by any specific statute but offends the law's view of what kinds of contracts society will permit.