Legal Definitions - illegality

Illegality refers to an act, agreement, or condition that is forbidden by law or lacks proper legal authorization. When something is characterized by illegality, it means it violates a statute, regulation, or established legal principle, rendering it unlawful or invalid in the eyes of the law.

This concept is broad and can apply to various situations, from specific actions to the very nature of an agreement or a state of affairs. For instance, a contract formed for an illegal purpose is generally unenforceable because of its inherent illegality.

• Example 1: An Unenforceable Contract

  Imagine two individuals, Alex and Ben, enter into a written agreement where Alex promises to pay Ben a substantial sum of money in exchange for Ben stealing a valuable painting from a museum. This contract is void due to illegality.

  Explanation: The core purpose of their agreement—to commit theft—is a criminal act and is explicitly forbidden by law. Because the contract's objective is illegal, the law will not recognize or enforce it, meaning neither party can sue the other for breach of this agreement.

• Example 2: Regulatory Non-Compliance in Business

  A pharmaceutical company releases a new drug onto the market without first obtaining the necessary approval from the federal regulatory agency responsible for drug safety and efficacy. The sale and distribution of this unapproved drug would constitute illegality.

  Explanation: Federal law mandates that all new drugs undergo rigorous testing and receive specific authorization before they can be sold to the public. The company's action of distributing an unapproved drug is an act "not authorized by law" and is therefore illegal, potentially leading to severe penalties and product recalls.

• Example 3: Unlawful Construction

  A homeowner decides to add a large extension to their house without applying for or receiving the required building permits from the local municipal planning department. The construction of this extension would be an act of illegality.

  Explanation: Building codes and zoning laws require permits to ensure structures are safe and comply with community standards. Proceeding with construction without these permits means the act is "not authorized by law" and is therefore illegal, potentially resulting in fines, demolition orders, or difficulty selling the property.