Legal Definitions - contrary to law

Contrary to law describes any action, decision, or condition that violates, conflicts with, or is prohibited by established legal rules, statutes, regulations, or judicial precedents. It signifies that something is illegal, unlawful, or not in accordance with the legal framework governing a particular situation.

• Example 1: Operating a Business Without Proper Licensing

  A new construction company begins operating in a city, taking on several projects, but fails to obtain the mandatory general contractor's license required by the state and local authorities.

  This situation is contrary to law because state statutes and local ordinances explicitly require all construction companies to be properly licensed before performing work, ensuring they meet specific qualifications and insurance requirements for public safety and consumer protection.

• Example 2: Unenforceable Contract Clause

  A software company includes a clause in its employment contracts stating that employees cannot discuss their wages or salaries with anyone, including other employees, under penalty of termination.

  This clause is contrary to law because federal labor laws, such as the National Labor Relations Act, protect employees' rights to discuss their terms and conditions of employment, including wages, making such a restrictive clause illegal and unenforceable.

• Example 3: Government Agency Exceeding Authority

  A state environmental protection agency issues a new regulation that attempts to ban a certain type of industrial activity, even though the state legislature has only granted the agency authority to regulate, not prohibit, such activities.

  The agency's new regulation is contrary to law because it exceeds the specific powers delegated to it by the legislature. Agencies must operate within the scope of their statutory authority, and creating a ban where only regulation is permitted goes against the established legal framework.