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Legality of Purpose is one of the elements of an enforceable contract, since you obviously cannot be bound to a contract that has an illegal purpose or is contrary to public interest. Of the types of such agreements , which do you think would be most harmful to the parties to engage in, which would be most harmful to society? Are the benefits or drawbacks to the different stakeholder groups mutually exclusive?

User Batuhan
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Final answer:

Agreements with illegal purposes are not enforceable by law, with the most destructive being those that harm social welfare and stifle fair competition. Enforceable contracts support economic growth by safeguarding property rights and ensuring the fulfillment of trade agreements. The balance between individual rights and social interests is central to maintaining a fair and prosperous society.

Step-by-step explanation:

The legality of purpose within enforceable contracts is pivotal to ensuring that agreements made between parties are not only legitimate but also beneficial to the parties involved and society at large. Agreements that are most harmful to the parties and society involved typically include those with illicit intent or those that significantly curb competition, thus harming the economic framework. For instance, contracts aiming at market monopolization can be severely detrimental, not only restricting business opportunities for other entities but also leading to higher consumer prices and reduced innovation.

Agreements that could be most harmful to society often involve corruption or the provision of services that are illegal or unethical, as these can erode trust in legal systems and governmental institutions. Such contracts, apart from being illegal, compromise the very basis of social welfare and its framework of rights and responsibilities. This goes against the Humean principle that emphasizes the government's role in facilitating public goods for advancing general well-being.

Sometimes, contractual rights might be perceived as in conflict with societal interests; however, the legal enforcement of contracts is generally a cornerstone for economic prosperity, as it allows the smooth facilitation of deals and exchanges vital for a healthy economy. In balancing the benefits and drawbacks for different stakeholder groups, it becomes clear that while parties to a legal contract can secure their individual or collective interests, detrimental agreements that undermine fair competition or ethical standards can harm society’s broader interests.

Contractual agreements such as exclusive dealing between manufacturers and dealers must stimulate healthy competition rather than creating monopolies. In a society where property rights and contractual rights are upheld, such as in the example of the patient-surgeon contract, economic activities flourish because the risk of non-payment is mitigated by the legal system's enforcement capabilities. This allows individuals and businesses to operate with the confidence that they will be compensated for their services or goods, thereby contributing to economic growth.

User Race
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