Contract Issues Affecting ValidityWhether or not specifically stated in a contract or agreed to orally, contract law requires the parties to a contract to act in good faith. Therefore, parties who negotiate in bad faith risk having the contracts they enter set aside. Thus, if the seller of a 'mustang' knows a buyer believes he is purchasing a car, but intends to sell the buyer a horse, the seller may not enforce the contract when the buyer discovers the truth. Another issue that may affect the enforceability of a contract is public policy. Contracts that violate public policy are not enforceable. Typically, this principle is used to invalidate contracts that are illegal (e.g., contracts for the sale of drugs or contracts to collect illegal gambling debts). Previous Page |
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