Agreement against public policy refers to any contract or agreement that violates the law or public policy. Such agreements are considered unenforceable and illegal by courts. An agreement that violates public policy goes against the interests of the public, and therefore, any contract that infringes on the public interest would be deemed void.
In legal terms, public policy is defined as the “principles of the law that are generally recognized as being fundamental to the maintenance of the law and the social order.” Essentially, it refers to the ethical and moral principles that govern a society. These principles can vary from country to country and even within a country, depending on its laws and cultural norms.
An agreement that violates public policy can take on many forms, including an agreement to commit a crime, an agreement to engage in an immoral or illegal act, or an agreement to interfere with the administration of justice. For example, if two parties create an agreement that requires one party to commit a crime, such as theft or fraud, the agreement would be considered against public policy and not enforceable in court.
An agreement may also be against public policy if it significantly harms the public in some way. For instance, if an agreement involves an employer who requires employees to waive their rights to workers` compensation in exchange for employment, this would be against public policy since it would be unjust and would cause a significant harm to the employee.
Furthermore, agreements that infringe on constitutional rights are considered against public policy. For example, an agreement that restricts a person`s freedom of speech or religion would be considered against public policy as it violates the principles of the constitution.
In conclusion, an agreement against public policy is unenforceable and illegal as it goes against the principles of the law and the social order. These types of agreements violate the public`s best interests and can cause harm to individuals or groups. It is important for individuals and businesses to be aware of the laws and rules of their country to avoid creating agreements that go against public policy.
