Legal Definitions - contra bonos mores

Contra Bonos Mores

This Latin phrase translates to "against good morals." In legal terms, it refers to actions, agreements, or contracts that are considered offensive to societal conscience, decency, or a fundamental sense of justice. It describes something that goes against the widely accepted moral standards and public policy of a community.

When a contract is deemed contra bonos mores, it is often considered voidable or unenforceable by the courts. This means that the legal system will not uphold or enforce an agreement that is fundamentally immoral or contrary to public good, even if the parties willingly entered into it.

• Example 1: A contract where one individual agrees to pay another a substantial sum of money to spread false and damaging rumors about a business competitor.

  Explanation: This agreement would be considered contra bonos mores because it promotes dishonesty, malicious falsehoods, and unfair business practices, which are fundamentally against accepted moral and ethical standards. A court would likely refuse to enforce such a contract, deeming it invalid due to its immoral purpose.

• Example 2: A clause in an employment contract that requires an employee to commit an illegal act, such as falsifying financial records, as a condition of their employment.

  Explanation: This contractual provision is clearly contra bonos mores because it compels an individual to engage in criminal behavior. Such a clause goes against the basic moral and legal obligation to uphold the law and would be unenforceable, potentially even rendering the entire contract voidable.

• Example 3: A rental agreement that includes a provision stating the landlord will only rent to individuals of a specific race or religion, despite anti-discrimination laws.

  Explanation: Even if such a provision were not explicitly illegal in a particular jurisdiction (though it often is), it would be considered contra bonos mores. It promotes discrimination based on protected characteristics, which is deeply offensive to modern societal values of equality and justice. A court would likely strike down such a clause as unenforceable because it violates fundamental moral principles and public policy.