Agreements Contrary To Public Policy

The difference between maintenance agreements and champerty agreements lies in their purpose. The purpose of the maintenance contract is to promote or stir up disputes, while the same, in the Champerty agreement, is to share the proceeds of the dispute. In most cases, the courts support someone who has been harmed by an offence if they are able to prove that an offence did take place. The exception to this rule is if the contract is contrary to public policy. If the Tribunal finds that a contract has infringed a law or directive, that does not help the contracting parties. When a treaty promotes an immoral act, such as. B the commission of a criminal offence, it is presumed contrary to public order and not respected. Example: A, a father of a girl promised to give a certain amount of money to B, a father of a minor boy and B agreed to marry his minor son with A`s daughter. In this respect, the agreement is null and void, as it is a matter of public policy. Mees, “Does the legalization of prostitution work?” Policy Innovations (Project Syndicate, Feb. 3, 2009) and M.L. .

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