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Joe Warkentin

Legality of Contractual Relationship

Legality of Contractual Relationship: What You Need to Know

In the world of business, agreements are made between parties for a variety of reasons. These agreements, or contracts, are legally binding and enforceable in courts of law. However, for a contract to be enforceable, it must meet certain requirements, including the legality of the contractual relationship.

What does it mean for a contractual relationship to be legal? Simply put, it means that the subject matter of the contract is legal, and that the parties making the contract have the legal capacity to do so. A contract that is illegal or against public policy is unenforceable.

For instance, if two parties form a contract to buy and sell illegal drugs, the contract is illegal and unenforceable. Similarly, any contract that involves criminal activity, such as fraud or theft, is illegal and unenforceable.

In addition to the subject matter of the contract, the parties themselves must have the legal capacity to enter into the agreement. This means that they must be of legal age, of sound mind, and not under duress or coercion. If one party is a minor, for example, the contract may be unenforceable, as minors are not considered to have the legal capacity to enter into contracts.

It’s important to note that even if a contract is legal at the time it is made, it can become illegal and unenforceable if there is a change in the law or public policy. For example, a contract to provide services that becomes illegal because of changes in licensing or certification requirements would be unenforceable.

So, what does this mean for businesses? It means that businesses must ensure that all contracts they enter into are legal and enforceable. This requires a thorough understanding of the subject matter of the contract and the legal capacity of the parties involved.

In addition, businesses should regularly review their contracts to ensure that they remain legal and enforceable. Changes in the law or public policy can render a previously legal contract illegal, leading to potential legal trouble for the parties involved.

In conclusion, the legality of the contractual relationship is a crucial aspect of any agreement. A contract that is illegal or against public policy is unenforceable, and businesses must ensure that all contracts they enter into are legal and enforceable. By understanding the subject matter of the contract and the legal capacity of the parties involved, businesses can protect themselves from potential legal issues down the line.

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