Illegal Agreement and Unlawful Agreement: Understanding the Differences
When it comes to agreements, there are many different types that people can enter into. However, not all agreements are created equal – some may be illegal or unlawful. In this article, we’ll take a closer look at illegal agreements and unlawful agreements, and explain the key differences between them.
Illegal Agreement
An illegal agreement is one that goes against the law, either explicitly or implicitly. This means that the terms of the agreement are illegal, and therefore unenforceable by either party. Examples of illegal agreements include:
– Agreements to commit a crime: If two people agree to commit a crime together, this is an illegal agreement. For example, if two people agree to rob a bank, this agreement is illegal.
– Agreements to do something immoral: If an agreement requires one party to do something that is considered immoral or unethical, it may be illegal. For example, if two people agree to sell drugs, this agreement is illegal because it goes against the law and is considered immoral by society.
– Agreements that violate public policy: If an agreement goes against public policy, it may be considered illegal. For example, if two people agree to sell a product that is known to be dangerous and could harm consumers, this agreement is illegal because it violates public policy.
Unlawful Agreement
An unlawful agreement is one that is not illegal but is still unenforceable because it goes against public policy. This means that the terms of the agreement are not necessarily illegal, but they are still considered to be against the public interest. Examples of unlawful agreements include:
– Agreements that restrict trade: If an agreement restricts trade in some way, it may be considered unlawful. For example, if two companies agree not to compete with each other in a certain market, this agreement may be considered unlawful because it restricts trade and goes against public policy.
– Agreements that are anti-competitive: If an agreement is anti-competitive, it may be considered unlawful. For example, if two companies agree to fix prices for their products, this agreement is anti-competitive and would be considered unlawful.
– Agreements that are unconscionable: If an agreement is unconscionable, it may be considered unlawful. This means that one party has taken advantage of the other party in some way, and the terms of the agreement are unfair or unreasonable.
Key Differences
The key difference between illegal agreements and unlawful agreements is that illegal agreements are explicitly against the law, while unlawful agreements are against public policy. In the case of illegal agreements, the terms of the agreement cannot be enforced by either party. In the case of unlawful agreements, the terms of the agreement may not be enforced because they are against the public interest.
Conclusion
In conclusion, it’s important to understand the differences between illegal agreements and unlawful agreements. While both types of agreements may be unenforceable, illegal agreements are explicitly against the law, while unlawful agreements are against public policy. As a professional, it is crucial to ensure that any agreements being made are lawful and not illegal to avoid any legal complications.