Public Policy

Agreements undermining public governance, such as bribery or corruption, are void and often criminal. Contracts damaging international relations, like trading with an enemy state or breaching foreign laws, are also unenforceable. Sexual immorality once broadly invalidated contracts, but modern cases suggest courts now avoid moral judgments unless conduct flagrantly contravenes public decency or order.

Marriage-related contracts face scrutiny. While agreements to marry are now unenforceable, contracts subverting or restraining marriage remain void. Marriage brokerage contracts and agreements profiting from marriage are typically void due to risks of coercion or abuse. Modern cohabitation and pre-nuptial agreements may be partially enforceable, reflecting evolving societal views, though agreements that destabilise marriage often remain void.

Void contracts, such as those ousting court jurisdiction, restraining trade, or undermining marriage, are treated less severely than illegal contracts. Severance may allow non-offending terms to stand, preserving enforceable aspects of void agreements while maintaining public policy integrity.

Read a detailed Article on this subject with the Legislation and Cases, browse Irish Legal Guide  or Contact Us for advice below.