9,075
edits
Difference between revisions of "Contract Defences"
Jump to navigation
Jump to search
→Illegality
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
||
| Line 40: | Line 40: | ||
Courts generally do not enforce contracts that are for an '''illegal purpose''' or that contravene a statute. An obvious example of an unenforceable contract is one made with the intent of harming someone. Some interesting exceptions to the general rule include: | Courts generally do not enforce contracts that are for an '''illegal purpose''' or that contravene a statute. An obvious example of an unenforceable contract is one made with the intent of harming someone. Some interesting exceptions to the general rule include: | ||
* '''Gambling debts''': Historically considered uncollectable and illegal, court decisions suggest they are now collectable.
| * '''Gambling debts''': Historically considered uncollectable and illegal, court decisions suggest they are now collectable.
| ||
* '''Illegally paid interest''': Although it is illegal under the [ | * '''Illegally paid interest''': Although it is illegal under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec347_smooth ''Criminal Code''] to lend or collect interest at an annual rate above 60% (except as authorized under [[Payday Loans|payday loan]] legislation), in at least some instances the courts have allowed the recovery of the illegally paid interest.
| ||
==== Misrepresentation==== | ==== Misrepresentation==== | ||