Illegality and public policy
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BAR EXAM · FLASHCARDS
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QUESTION
What is the status of a promise in restraint of trade that is not ancillary to a valid transaction?
QUESTION
What do many courts do when a covenant not to compete is overbroad?
QUESTION
What is the general effect of a contract whose formation or performance is illegal?
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ANSWER
It is unenforceable. Courts will not lend their aid to either party to an illegal bargain.
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