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Questions and Answers
What characteristic does an agreement with an alien enemy possess under public policy?
What characteristic does an agreement with an alien enemy possess under public policy?
Why are agreements that interfere with parental rights considered void?
Why are agreements that interfere with parental rights considered void?
What is the public policy stance on agreements that restrain personal freedom?
What is the public policy stance on agreements that restrain personal freedom?
In which scenario is an agreement regarding the sale of a public office considered valid?
In which scenario is an agreement regarding the sale of a public office considered valid?
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Which of the following is an example of an unlawful agreement related to marriage?
Which of the following is an example of an unlawful agreement related to marriage?
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Which statement accurately reflects the status of a marriage brokerage agreement under public policy?
Which statement accurately reflects the status of a marriage brokerage agreement under public policy?
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What type of agreement involves transactions related to public office that are prohibited by law?
What type of agreement involves transactions related to public office that are prohibited by law?
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Which agreement is identified as opposing public policy by interfering with personal rights?
Which agreement is identified as opposing public policy by interfering with personal rights?
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Which of the following agreements is explicitly related to parental rights and is considered unlawful?
Which of the following agreements is explicitly related to parental rights and is considered unlawful?
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Which type of agreement is directly prohibited due to its nature of trading with an alien enemy?
Which type of agreement is directly prohibited due to its nature of trading with an alien enemy?
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Study Notes
Public Policy
- Defines law principles preventing actions potentially injurious to the public.
- Broadly includes various government policies such as budgets, constitutions, and health policies.
Agreements Opposed to Public Policy
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Agreement with Alien Enemy:
- Involves trading with individuals from countries at war with one's own.
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Agreement Interfering with Parental Rights:
- Agreements that eliminate parental rights are void.
- Example Case: In Annie Besant vs. Guddu Narayaniah, a parent reclaimed a child based on rights intersecting public policy.
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Agreement Restraining Personal Freedom:
- Contracts that limit personal freedoms are void.
- Example: A loan conditioned on severe restrictions like not working.
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Agreement for Sale of Public Office:
- Selling public titles or positions is against public policy and void.
Legality of Object and Consideration
- Contracts must have both a lawful object (purpose) and lawful consideration (something in return).
- Lawful objects are those permitted by law, while unlawful objects are prohibited.
Types of Unlawful Agreements
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Forbidden Object or Consideration:
- Contracts that include illegal elements render agreements void.
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Fraudulent Object:
- Involves deceitful agreements.
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Immoral Object and Consideration:
- Agreements that violate moral standards are void.
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Interference with Justice:
- Involves agreements that inhibit proper judicial processes.
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Monopoly Creation:
- Agreements designed to establish monopolistic control are prohibited.
Specific Illegal Agreements
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Restraint of Marriage:
- Agreements preventing individuals from marrying are void.
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Marriage Brokerage:
- Agreements for negotiating marriage in return for a fee conflict with individual freedom and public policy, rendering them void.
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Administration of Justice:
- Agreements that hinder court processes, such as providing false testimony or preventing prosecution, are void.
- Example: A's agreement to remain silent about witnessing B committing a crime.
Exceptions to Unlawful Agreements
- Allowance for certain contracts such as sale of goodwill, existing partner agreements, trade combinations, and sole-dealing agreements that do not conflict with public policy.
Summary
- Public policy safeguards societal interests through laws that invalidate agreements deemed harmful or oppressive. Understanding these agreements is crucial for lawful conducting in both personal and business realms.
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Description
This quiz explores the concept of public policy and its legal implications. It discusses how public policy influences laws and agreements, particularly in the context of government actions and citizen rights. Dive deeper into the principles that govern the relationship between individuals and state policies.
