Enforcement
The courts do not enforce illegal contracts or those tainted by illegality, denying remedies such as damages, injunctions, or restitution. When both parties are equally at fault, the status quo is maintained, and losses fall where they lie. Contracts explicitly illegal from inception are unenforceable, even when an innocent party is involved. For lawful contracts performed unlawfully, enforcement depends on the parties’ intent and knowledge. The innocent party may enforce the contract, while the party intending unlawful performance generally cannot.