If a contract was made up and signed but one part of the contract is asking something that is illegal like, "you have to work for me for 6 years" (which I heard is beyond the length of time someone can legally be contracted to stay with an employer), then is the whole thing null in void? Or are the other parts and terms of the contract still inforcable by law? This contract in question was not looked at by a lawer before it was drawn up and signed.
2007-09-26 14:20:21 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It would depend on the specifics of the language used in the contract in order to determine exactly what the contracting parties intended. You will need to consult with an attorney in order to get the best idea as to precisely how your contractual rights and obligations will be viewed in a court. You cannot make a contractual provision that is forbidden by statute.
Good luck to you.
2007-09-26 14:29:02 · answer #1 · answered by Don C 3 · 0⤊ 0⤋
No. Generally, the test is whether the contract can still be enforced unto the parties even if the illegal provision would be annulled. Thus, if the other provisions of the contract can still subsist or complied with separately from the illegal/void provision, the contract is still valid. The illegality of the part does not render the illegality of the whole.
However, if essential element/s or part of the contract is illegal, such as consent, object, and capacity, the whole contract can be considered as null and void.
2007-09-26 15:16:51 · answer #2 · answered by trix 1 · 0⤊ 0⤋
Yes the contract or remaining contract is still legal.
Were you aware of the 6 years. If you were you should feel obligated to fulfill the obligation. Try to negotiate a way out of the contract that suite both parties.
A marriage contract is for longer than 6 years are those all void now?
2007-09-26 14:33:21 · answer #3 · answered by granny_sp 4 · 0⤊ 0⤋
No- the non-conforming portion[s] of the contract are rewritten or removed.
2007-09-26 14:36:52 · answer #4 · answered by sirbobby98121 7 · 0⤊ 0⤋
Why in the world would you sign a legally binding document without legal advise?
2007-09-26 14:25:45 · answer #5 · answered by ♥ Leo ♥ 5 · 0⤊ 1⤋
you cannot be forced to do anything in a contract that is illegal...take it to your labor dept.
2007-09-26 14:51:11 · answer #6 · answered by curious115 7 · 0⤊ 0⤋