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Peaches and Bill enter into a oral contract where Peaches agrees to become Bill's mistress. In exchange for her company, Bill prromises to pay the rent on her expensive condo and give her one piece of jewlery every six months. Two years later, Bill has not given Peaches a single piece of jewlery. Can Peaches enforce the contract?

2007-08-04 17:40:45 · 6 answers · asked by Dominica B 2 in Politics & Government Law & Ethics

6 answers

The answers above have said pretty much that no, this contract is illegal and void. This is the old fashioned answer. This would have been true a hundred years ago. A contract like this, the promise to pay a woman to be a mistress was covered in Franco v Bolton. This is a case at the end of the 18th century. Pearce v Brooks is in the 19th century. The same answer may not be reached today by a court examining the same fact situation. This is because as suggested in Andrews v Parkins (an Australian case) what is deemed immoral changes with the times, and the courts will be reluctant to void a contract on this head of public policy any longer. However if the payment is one for sexual services it is still likely to be voided by the courts. Prostitution (even in jurisdictions where this is legal with a license) is frowned upon.

2007-08-05 23:26:51 · answer #1 · answered by kheperure 4 · 0 0

The term "mistress" would imply a sexual arrangement. Sex for money (or other things of value) transactions are illegal. Illegal contracts can not be enforced by a court.

Also, Peaches' failure to enforce or end the contract after 6 months, when she didn't get that first promised piece of jewelry, might be taken as an accepted modification in the original contract.

2007-08-05 00:54:05 · answer #2 · answered by Tom K 7 · 1 0

First - the contract is illegal. (prostitution).
Second - What makes you think that 'Bill` would admit to the terms of the contract?

It looks like 'Peaches` is stuck with just the two years free rent.

2007-08-05 01:29:59 · answer #3 · answered by Irv S 7 · 0 0

Contracts for an illegal purpose are void ab initio. I would expect it would be illegal in most states.

Where prostitution isn't illegal, she could probably recover something under "quantum meruit", but value would be rather difficult, and may or may not cover the rent and expenses.

If Bill isn't married, she might get "Palimony". Maybe even if he is. Probably more than a measly handful of bling.

But, under Contract, "no".

2007-08-05 00:59:44 · answer #4 · answered by open4one 7 · 0 0

Does Hillary know about Peaches?

2007-08-05 00:48:59 · answer #5 · answered by scarlettt_ohara 6 · 0 0

No. Contracts based on illegal activities such as prostitution are unenforceable.

2007-08-05 00:45:11 · answer #6 · answered by RE 7 · 0 0

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