Asked by Marvelous Abraham on Apr 27, 2024

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Under which of the following circumstances would a court be unlikely to enforce the illegal contract?

A) Where the aggrieved party was unaware of the illegality.
B) Where a party withdraws from an illegal agreement prior to performance.
C) Where the agreement is with an unlicensed attorney.
D) Where one of the parties is less at fault than the other.

Illegal Contract

A contract that is void and unenforceable from its inception because it involves activities that are against the law or public policy.

Unlicensed Attorney

An individual practicing law without the necessary legal authorization or license, which is illegal and subject to penalties.

  • Distinguish contracts and agreements that are illegal or violate principles of public policy.
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Verified Answer

KH
Kallie HoverMay 03, 2024
Final Answer :
C
Explanation :
Courts generally do not enforce contracts that involve illegal activities or require parties to engage in illegal actions. However, an exception can be made in cases where the contract's illegality stems from a technicality, such as engaging with an unlicensed attorney. In such cases, the court may decide to enforce the contract if it serves justice or public policy interests, distinguishing it from situations where the contract's purpose or execution is inherently illegal.