Legal Definitions - immoral contract

An immoral contract is an agreement that a court will refuse to enforce because its purpose or terms violate fundamental moral principles, widely accepted societal standards of right and wrong, or public policy. While not necessarily illegal in every aspect, such contracts are considered contrary to good conscience and the public good, rendering them legally invalid and unenforceable.

Here are some examples:

• Imagine a situation where a wealthy individual offers to pay a struggling artist a significant sum of money to create a series of paintings that are explicitly designed to mock and ridicule a specific religious group, intending to incite hatred and division. Even if the act of painting itself isn't illegal, a court would likely deem the contract for such a purpose to be immoral and against public policy, as it promotes discrimination and social discord. Consequently, the artist would not be able to legally compel payment if the wealthy individual refused, nor could the individual compel the artist to complete the work.

• Consider a contract between a landlord and a tenant where the landlord agrees to rent a property, but only if the tenant agrees to perform certain personal, non-rental-related services for the landlord that are demeaning or exploitative in nature, such as acting as a personal servant without additional compensation, beyond the agreed rent. Even if the rental portion is standard, the inclusion of these exploitative and morally objectionable personal service terms would likely render the entire contract unenforceable as an immoral agreement, particularly if the tenant was in a vulnerable position.

• Suppose a company enters into an agreement with a local government official to secure a lucrative public contract. The agreement includes a clause stating that the company will make a substantial "donation" to a private foundation controlled by the official's family, in exchange for the official using their influence to ensure the company wins the bid, even if other bidders are more qualified. While the "donation" might be framed innocently, the underlying purpose of the contract is to facilitate undue influence and potentially corruption, which is profoundly immoral and against public trust. A court would refuse to enforce such an agreement, as it undermines fair competition and ethical governance.