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What is Legality of of object and Consideration?

What is Legality of of object and Consideration?

by Sakib Hasan Mahim -
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The "legality of object" and "legality of consideration" are two essential concepts in contract law that pertain to the subject matter and the value exchanged in a contract, respectively. Both elements must be legal for a contract to be valid and enforceable.

  1. Legality of Object:

    The "legality of object" refers to the requirement that the subject matter or purpose of a contract must be lawful and not in violation of the law or public policy. In other words, the contract's objective should not involve any illegal, immoral, or prohibited activities. Contracts with an illegal object or purpose are typically void and unenforceable. Examples of contracts with illegal objects might include:

    • Contracts for the sale or distribution of illegal drugs.
    • Contracts to commit a crime or engage in fraudulent activities.
    • Contracts that promote discrimination, harassment, or other illegal activities.

    For a contract to be valid, the object must be lawful at the time the contract is formed. If the object becomes illegal or unenforceable after the contract is formed, it may lead to the contract's discharge or a change in the contractual obligations.

  2. Legality of Consideration:

    The "legality of consideration" relates to the requirement that the value exchanged between the parties in a contract must be legal. Consideration represents something of value, such as money, goods, services, or promises, given in exchange for the promises or obligations in the contract. For consideration to be legal, it must not involve illegal, fraudulent, or immoral actions. Contracts with illegal consideration are typically void and unenforceable.

    Examples of contracts with illegal consideration might include:

    • Contracts involving illegal gambling debts.
    • Contracts to pay for illegal goods or services.
    • Contracts that require someone to engage in illegal activities as part of the consideration.

    To be valid, the consideration must have legal sufficiency. Legal sufficiency means that it represents a genuine exchange of value between the parties and is not tainted by illegal or unethical components.

Both the legality of object and consideration are crucial in upholding the integrity and enforceability of contracts. Parties should ensure that the purpose or subject matter of the contract and the value exchanged within it comply with the law. Contracts involving illegal objects or consideration can be challenged in court and may be deemed void or unenforceable, potentially leading to legal consequences for the parties involved. Therefore, it is essential to conduct due diligence and ensure that all elements of a contract meet the legal requirements.