147.

In General.

14S.

Classification of Unlawful Agreements.

149.

Agreements in Violation of Positive Law.

• 150.

Breach of Rules of Common Law.

151.

Breach of Statute - Constitutional Law.

152.

Prohibition by Statute.

153.

Particular Agreements in Breach of Statute.

154-155.

Agreements Contrary to Public Policy.

156.

Agreements Tending to Injure the Public Service.

157.

Nonofficial Corruption.

158-160.

Perversion or Obstruction of Justice.

161.

Encouragement of Litigation - Champerty and Maintenance.

162.

Agreements of Immoral Tendency.

163.

Agreements Tending to Fraud and Breach of Trust.

164.

Agreements in Derogation of the Marriage Relation.

165.

Agreements in Derogation of Parental Relation.

166-169.

Agreements in Restraint of Trade.

170-172.

Unlawful Combinations - Monopolies, Trusts, etc.

173-174.

Exemption from Liability for Negligence.

175.

Effect of Illegality - Agreements Partly Illegal.

176-177.

Object Unlawful but Intention Innocent

178-180.

Object Innocent but Intention Unlawful.

181.

Promises to Pay Money Due on Illegal Transactions.

182-185.

Relief of Party to Unlawful Agreement

186.

Conflict of Laws - In Space,

187.

In Time.

In General

147. An agreement is not enforceable at law, and therefore does not result in a contract, if its object is illegal.

We come now to deal with the only remaining element in the formation of a valid contract - the legality of the matter or object of the agreement. To result in a contract, an agreement must create an obligation; and it does not create an obligation if it is such that the courts cannot enforce it. An agreement, therefore, which is illegal or unlawful, is in fact no contract at all, though it is often spoken of as an illegal contract.

As a rule the law does not interfere with the freedom of persons to enter into contracts, but some limitations are imposed. Certain objects are forbidden, and though all the other elements necessary to the formation of a valid contract may be present, yet if one of these forbidden objects is contemplated by the parties, the courts will not enforce their agreement. The object makes the agreement unlawful.1