What is the illegal clause in a contract?

Asked by: Prof. Annetta Wilkinson  |  Last update: February 18, 2026
Score: 4.1/5 (6 votes)

An illegal clause in a contract is any provision that requires or promotes an activity against the law or public policy, making that clause (and potentially the entire contract) void and unenforceable, though often a severability clause keeps the rest of the agreement valid by striking only the unlawful part. These clauses often involve criminal acts, fraud, unlicensed professional services, or violating regulations, and courts won't help enforce them.

What is an illegal clause?

An illegality clause specifies the consequences if any part of the agreement is deemed illegal, unenforceable, or against public policy. It helps protect the integrity of the contract by clarifying what happens if a provision is invalid or unlawful under applicable law.

What is an example of an illegal contract?

Common examples include contracts for illegal gambling, drug distribution, price-fixing, and employment agreements that violate labor laws. Consequences of illegal contracts may involve penalties, rescission, or criminal liability depending on the nature of the illegality.

What is an example of an illegal object in a contract?

The object and the consideration of the contract must not be fraudulent as then, the contract will become void. Example- A enters into a contract with B where he agrees to pay B if he embezzles money from C. This is considered a fraudulent object and the contract is not valid.

What are 6 things that void a contract?

We'll cover these terms in more detail later.

  • Understanding Void Contracts. ...
  • Uncertainty or Ambiguity. ...
  • Lack of Legal Capacity. ...
  • Incomplete Terms. ...
  • Misrepresentation or Fraud. ...
  • Common Mistake. ...
  • Duress or Undue Influence. ...
  • Public Policy or Illegal Activity.

Does an Illegal Clause Make a Contract Void?

17 related questions found

What makes a contract not legally binding?

An Unenforceable Contract Might Have Been Signed Under Duress. The parties to a contract should be signing it voluntarily. However, one party might force another person to sign a contract. The act of forcing someone to do something they ordinarily would not do is duress.

What are four types of mistakes that can invalidate a contract?

Four types of mistakes that can invalidate a contract, making it void or voidable, include Mutual Mistake (both parties share the same fundamental error), Unilateral Mistake (one party is mistaken, and the other knows or should know), Common Mistake (a shared error about the existence or quality of the subject matter, often rendering the contract void), and mistakes involving Misrepresentation or Fraud, where one party is misled by false statements about essential facts, though technically not just a "mistake" but a vitiating factor often grouped with them. 

What is illegal to put in a contract?

Examples of an illegal contract include: Those for the distribution or sale of drugs, drug paraphernalia, and other types of controlled substances. Those for illegal activities, such as gambling or prostitution. Those that hire underage employees. Those that are against fair dealing principles and/or public policy.

What is the difference between void and illegal contract?

A void agreement is one which may not be prohibited under law, while an illegal agreement is strictly prohibited by law and the parties to the agreement can be penalized for entering into such an agreement.

What are two examples of those that Cannot be the object of contracts?

Similarly, all services which are not contrary to law, morals, good customs, public order, or public policy may be the object of a contract. This is why public bridges, rivers, illegal drugs, and sexual services may not be the object of a valid contract.

What is Section 177 of the contract Act?

If a time is stipulated for the payment of the debt, of performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them1 ; but he must ...

What are some examples of illegal?

not allowed by law:

  • a campaign to stop the illegal sale of cigarettes to children under 16.
  • Prostitution is illegal in some countries.
  • it is illegal to It is illegal to drive a car that is not registered and insured.
  • illegal drug Cocaine, LSD, and heroin are all illegal drugs.

Can a court enforce an illegal contract?

A judge can't enforce a contract to do something illegal, like sell illegal drugs. Additionally, some types of contracts must be in writing. For example, a contract to buy or sell real estate or that the terms call for carrying on more than a year must be in writing.

What are the 5 requirements of a valid contract?

A valid contract generally requires five key elements: a clear Offer, unambiguous Acceptance, something of value exchanged (Consideration), parties with the legal ability to agree (Capacity), and a Legal purpose, though some sources add mutual consent or legality as a sixth essential, often combining them. These elements ensure all parties understand and agree to the same terms for the agreement to be legally binding.
 

What are red flags in a lease agreement?

Knowing when to walk away from a deal is crucial

Here are some red flags to watch out for when signing a lease: Unclear terms: Ensure every term in the lease is clear. Vague language can lead to misunderstandings about responsibilities and rights. Maintenance responsibilities: Check who handles repairs.

What is another name for illegal?

Common synonyms for "illegal" include unlawful, illicit, criminal, prohibited, forbidden, banned, outlawed, unauthorized, and illegitimate, all describing actions or things against the law or rules, with variations depending on context like black market, bootleg, contraband, or shady for illicit goods, and unconstitutional for legal breaches. 

What are three things that can cause a contract to be void?

Now that you have a grasp of what makes a contract valid, let's delve into what can make one void.

  • Lack of Capacity.
  • Illegality of Contract's Purpose.
  • Absence of Mutual Assent.

What is an example of an illegal agreement?

The classic example of such an agreement is an agreement to commit a crime. For example, entering into a contract for murder is itself illegal because that very act can be prosecuted as the crime of conspiracy to commit a murder.

What four things make a contract legally binding?

The four essential elements of a contract — offer, acceptance, consideration, and mutual consent — are what ensure that agreements are legally binding. If any of these elements are missing before you enter into a contract, the contract could be invalidated, leaving one or both parties without legal recourse.

Can you pull out of a contract once signed?

You generally cannot cancel a signed contract easily, as it's legally binding, but you might be able to if there's a specific "cooling-off period" (like for some door-to-door sales, timeshares, or home loans), a termination clause in the contract, mutual agreement, or if the other party significantly breached the terms, committed fraud, or there was mutual mistake. For most standard agreements, cancelling without cause means you'll likely face financial penalties or be in breach of contract, so checking contract terms or seeking legal advice is crucial. 

What is Section 37 of the contract Act?

The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.

What are the 4 breaches of contract?

The four main types of breach of contract are Material Breach (a major violation), Minor Breach (a trivial failure), Anticipatory Breach (a warning sign of future non-performance), and Actual Breach (a failure to perform when due), with some systems also identifying a more severe Fundamental Breach, but these four provide the core framework for understanding contract violations and their consequences.
 

What is Section 22 of the contract Act?

22Contract caused by mistake of one party as to matter of fact. A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.

What is an honest mistake in contract law?

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts.