Unlawful Vs Illegal Agreement

Unlawful vs Illegal Agreement: What`s the Difference?

The terms “unlawful” and “illegal” are often used interchangeably, but in legal terms, they have distinct meanings. In the context of an agreement between parties, the difference between an unlawful agreement and an illegal agreement is crucial.

An unlawful agreement is one that is against public policy or morality, but not necessarily prohibited by law. For example, an agreement to hire a hitman to commit murder is unlawful, even though it may not be specifically forbidden by law. Other examples of unlawful agreements include agreements that encourage discrimination or agreements that promote illegal activities.

On the other hand, an illegal agreement is one that violates a specific law or statute. For example, an agreement to sell illegal drugs is illegal because it violates the controlled substances act. Similarly, an agreement that violates antitrust laws or insider trading laws would also be illegal.

The consequences of entering into an unlawful or illegal agreement can be severe. In most cases, such agreements are void from the beginning and cannot be enforced. Individuals who enter into such agreements may face criminal charges or civil penalties. Additionally, even if the agreement is not illegal or unlawful, it may still be unenforceable if it violates public policy or morality.

As a professional, it`s important to note that understanding the difference between unlawful and illegal agreements can be important for businesses looking to protect themselves from legal liability. By avoiding agreements that are either unlawful or illegal, businesses can ensure that their contracts are enforceable and that they are not violating any laws or regulations.

In conclusion, the difference between unlawful and illegal agreements is subtle but important. An unlawful agreement is one that violates public policy or morality, while an illegal agreement is one that violates a specific law or statute. Both types of agreements are generally unenforceable and can lead to legal liability for the parties involved. As a professional, it is important to pay attention to the language used in legal documents to ensure that agreements are both legal and enforceable.