[There are several] Factors to be taken into account in the analysis of the breach of public order by a contract: „Before a contract is characterized as contrary to public policy, the courts must carefully consider the nature of the conduct, the extent of the public harm that may be associated with it, and the moral quality of the parties` behaviour in light of the prevailing community norms.“ , that a court may refuse to take corrective action. The criminal courts are there to punish criminal behaviour on behalf of society: fines and penalties are imposed on behalf of society. Contracts called „zero-hours contracts“ are generally agreements where an individual or other company agrees to be paid for the hours actually worked, and the recording shows that prior to the last purchase, the complainant had reduced her account balance to $164. The last purchase, a stereo kit, increased the balance due to 678 $US. It is significant that, at the time of this purchase and previous purchases, the applicant was aware of the complainant`s financial situation. On the back of the stereo contract, the name of the complainant`s social worker and her monthly grant of 218 $US were mentioned by the government. Knowing that the complainant had to feed, dress and support both herself and seven children for this amount, she sold her a stereo disc worth $514. A party is led to enter into an illegal contract through undue influence, fraud or coercion; the victim can, as far as possible, recover the consideration negotiated against the wrong person. Among the consequences of illegality are the possibilities: as a result, the performance of an employment contract and the commission of an illegal or immoral act alone will not destroy an employment contract, unless: … The complainants… he did not have a brokerage licence and was therefore not entitled to compensation for brokerage services. The complainant claimed that he was duly dismissed because one of its officers, Jane Venturi, obtained a real estate sales license in February 2004. Thus, it and the applicant`s claims were themselves dismissed by the extension, when the defendants allegedly breached the contract by refusing to pay the plaintiff months later for the placement of the Talisker Group.

However, Jane Venturi`s sales licence was not sufficient; only a licensed broker can offer brokerage services. A sales license does not allow the holder to present another agent unless the seller is acting under the supervision of a broker. On the other hand, the remaining factors that favour a public policy against the implementation of this treaty are very strong. As we have explained, the public policy against the production of parapherne to facilitate the use of marijuana is heavily involved in the legal prohibition of possession, consumption, etc. of marijuana, a prohibition that dates back at least 1929…. Clearly, the refusal to enforce the immediate treaty will not only promote that public order in the current circumstances, but will only inform drug producers that they should not use the judicial system to protect or advance their business interests. Moreover, it does not matter that the transaction by American Horse Enterprises was not expressly prohibited by law when Bovard and Ralph entered into an agreement, as both parties knew that the company`s products were primarily used for expressly illegal purposes. We conclude the court rightly declares the treaty in violation of the policy of law explicit and therefore illegal and not entitled. Public order is expressed by the courts and legislators.

Categories: Allgemein