Legal Definitions - adversus bonos mores

Adversus bonos mores is a Latin legal phrase that translates to "against good morals" or "contrary to good morals." It refers to actions, agreements, or conditions that are considered to be in violation of the fundamental moral principles and accepted standards of decency held by society. When a court determines that something is adversus bonos mores, it often means that the action or agreement is unenforceable or invalid because it goes against public policy and the collective ethical conscience of the community.

Here are some examples to illustrate this concept:

• Example 1: A Contract to Defame

  Imagine a contract where one individual agrees to pay another a significant sum of money to intentionally spread false and damaging rumors about a business competitor. The goal is to ruin the competitor's reputation and drive them out of business.

  This contract would likely be deemed adversus bonos mores. While spreading rumors might not always be a criminal offense, a contract specifically designed to harm someone's reputation through deceit and unfair competition is considered morally reprehensible and against the principles of fair dealing and honesty that society expects. A court would likely refuse to enforce such a contract, meaning neither party could sue the other for breach if the terms were not met, because it offends fundamental societal morals.

• Example 2: A Condition in a Will Undermining Marriage

  Consider a clause in a wealthy individual's will stating that their child will only receive their inheritance if they divorce their current spouse, even if the marriage is stable and healthy, and the child has no desire to separate.

  Society generally values and supports the institution of marriage. A condition in a will that actively encourages the dissolution of a healthy marriage is seen as undermining this fundamental societal value and is therefore considered adversus bonos mores. A court would likely strike down this specific condition, allowing the child to receive the inheritance without having to comply with the immoral requirement to divorce.

• Example 3: Predatory Lending Practices

  A company offers "payday loans" to individuals in desperate financial situations, but with interest rates so astronomically high (e.g., 500% APR) that it is virtually impossible for borrowers to repay the principal, trapping them in a perpetual cycle of debt and fees.

  While the act of lending money itself is legal, the predatory nature of intentionally exploiting vulnerable people for extreme, unconscionable profit is widely considered unethical and harmful to the community's well-being. Even if specific usury laws aren't immediately applicable in every jurisdiction, a court might find such a business practice adversus bonos mores, potentially invalidating the loan terms, reducing the interest rate to a reasonable level, or imposing severe penalties, because it offends fundamental principles of fairness, decency, and protection of the vulnerable within society.