BLW 201 Chapter 13

the courts will not enforce agreements declared illegal by statute

require formal authorization to engage in certain trades, professions, or businesses

two types; revenue + regulatory

licensing statute that is intended to protect the public against unqualified persons; an unlicensed person may not recover for services he/she has performed

licensing statute that seeks to raise money; an unlicensed person may recover for services he/she has performed

prohibit wagers, which are agreements that one party will win and the other lose depending upon the outcome of an event in which their only interest is the gain or loss

establish a max rate of interest

prohibition of certain types of commercial activity on Sunday

aka blue laws

unreasonable restraints of trade are not enforceable

the promise by the seller of a business not to compete in that particular business in a reasonable geographic area for a reasobable period of time is enforceable

an employment contract prohibiting an employee from competing with his employer for a reasonable period following termination is enforceable provided the restriction is necessary to protect legitimate interests of the employer

the courts generally disapprove of contractual provisions excusing a party from liabilit for her own tortious conduct

unfair or unduly harsh agreements are not enforceable

two types; procedural and substantive

unfair or irregular bargaining

oppressive or grossly unfair contractual terms

an agreement that requires a person to commit a tort is unenforceable

agreements that corrupt public officials are not enforceable

neither party may recover under an illegal agreement where both parties are in pari delicto (in equal fault)

exceptions: party withdrawing before performance, party protected by statute, party not equally at fault, excusable ignorance, and partial illegality