What is the effect of illegality in a contract?
Illegality in a contract can have serious effects and can even render the contract null and void. In Florida, when the subject matter of a contract is, in itself, illegal, the contract cannot be enforced by either party. This is because contracts that involve activities that are illegal are considered void or voidable by the courts. This means that the parties are not entitled to legal remedies should a dispute arise over the contract. Furthermore, if a contract contains an illegal clause, it is up to the court to decide whether or not to enforce the parts of the contract that remain valid and lawful. The court may void the illegal clause or uphold the contract if the part that is illegal can be removed without changing the other parts of the contract. It is important to understand the effect of illegality in a contract as it is important to be aware of any potential legal implications before entering into an agreement. Each party should be clear about what type of contract is being entered into, and the consequences of any illegality, should it become an issue.
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