Section 7.17 Illegality, Public Policy, and Unconscionability

• Library: Contracts 2016 Supp

6. (§7.17) Illegality, Public Policy, and Unconscionability

Contracts may be unenforceable because of policy considerations that make certain agreements illegal or impossible to enforce. The defenses of illegality, public policy, and unconscionability are all affirmative defenses based on the determination that the subjects of certain contracts are such that the courts will not enforce them.

If a contract is illegal, it is, obviously, unenforceable. Rice v. James, 844 S.W.2d 64, 69 (Mo. App. E.D. 1992). Illegal contracts are contracts that require a violation of the law (including municipal regulations). Id.

While not illegal, some contracts are considered against...