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Contra Bonos Mores

Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Against sound morals. \ Contracts which are incentive to crime, or of which the consideration is an obligation or engagement improperly prejudicial to the feelings of a third party, offensive to decency or morality, or which have a tendency to mischievous or pernicious consequences, are void, as being contra bonos mores. 2 Wils. 447; Covyp. 729; 4 Campb. 152; 1 Barn. & Aid. 683; 16 East, 150.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Against good morals.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Against sound morals. Contracts which are incentive to ffl or of which the consideration is an ol tion or engagement improperly prejndii the feelings of a third party, of to decency or morality, or which has a tend to mischievous or pernicious consequ* are void, as being contra bonos inures; 2 Wils. 447; Cowp. 729: 4 Campb. 152; 1 B. & Aid. 683; 16 East 150. CONTRA F0RMAM STATUTI (Lat. against the form of the statute). The formal manner of alleging that the offence described in an indictment is one forbidden by statute. When one statute prohibits a thing and another gives the penalty, in an action for the penalty the declaration should conclude contra formam statutorum; Plowd. 206; 2 East 333. The same rule applies to informations and indictments; 2 Hale, PL Cr. 172. But where a statute refers to a former one, and adopts and continues the provisions of it, the declaration or indictment should conclude contra formam statuti; Hale, PL Or. 172. Where a thing is prohibited by several statutes, if one only gives the action and the others are explanatory and restrictive, the conclusion should be contra formam statuti; 2 Saund. 377. When the act prohibited was not an offence or ground of action at common law, it is necessary both in criminal and civil • to conclude against the form of the statute or statutes; 1 Saund. 135c; 1 Chit. PL 556; Com. v. Inhabitants of Stockbridge, 11 Mass. 280; Cross v. U. S., 1 Gall. 30, Fed. Cas. No. 3,434. But if the act prohibited by the statute is an offence or ground of action at common law, the indictment or action may be in the common-law form, and the statute need not be noticed even though it prescribe a form of prosecution or of action, — the statute remedy being merely cumulative; Co. 2d Inst. 200; 2 Burr. 803; 3 id. 1418; 4 id. 2351; 2 Wils. 146; Com. v. Hoxey, 10 Mass. 3S5. When a statute only indicts a punishment on that which was an offence at common law, the punishment prescribed may be inflicted though the statute is not noticed in the indictment; Oom. v. Searle, 2 Binu. (Pa.) 332, 4 Am. Dec. 44G. If an indictment for an offence at common law only conclude '"against the form of the statute in such case made and provided;" or "the form of the statute" generally, the conclusion will be rejected as surcommon law; 1 Saund. 135 n. 3; Com. v. Hoxey, 16 Mass. 385; Com. v. Shattuck, 4 Cush. (Mass.) 143. But it will be otherwise if it conclude against the form of "the statute aforesaid," when a statute has been previously recited; 1 Chit. Cr. L. 2S9. See, further, Com. Dig. Pleader (C,) 76; 5 Viner, Abr. 552, 556; Cross v. U. S., 1 Gall. 26, Fed. Cas. No. 3,434; Sears v. U. S., 1 Gall. 257, Fed. Cas. No. 12,592; Scroter v. Harrington, 8 N. C. 192; Town of Barkhamsted v. Parsons, 3 Conn. 1; Com. v. Inhabitants of Stockbridge, 11 Mass. 2S0; Barter v. Martin, 5 Greenl. (Me.) 79. CONTRA PACEM (Lat. against the peace). In Pleading. An allegation in an action of trespass or ejectment that the actions therein complained of were against the peace of the king. Such an allegation was formerly necessary, but has become a mere matter of form and not traversable. See 4 Term 503; 1 Chit. PL 163, 402; Arch. Civ. PL 155; Trespass.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Against good morals. Contracts contra bonos mores are void

Defined under Contra in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

Against good morals. Contracts contra bonos mores are void.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Lat. Against good morals. Hob, 167.