Public Policy

The criterion by which the courts condemn contracts as opposed to the public will, or as tending to subvert the public welfare.

— Thus, public policy invalidates contracts tending to immorality, as for the rental of a brothel (27 Mo. App. 649), or in consideration of future illicit cohabitation (58 Ala. 303; 57 Hun [N. Y.] 292); contracts facilitating divorce (89 111. 349; 25 Minn. 72); contracts in unreasonable restraint of trade (49 N. J. Eq. 217); combinations to restrict competition (90 Cal. 110; 68 N. Y. 568); contracts to unfairly influence an appointment or election to public ofiice (8 Kan. 601; 23 Mo. App. 555);

— to unlawfully influence legislation (88 Mass. 152);

— to limit the jurisdiction of courts, as by agreeing not to sue in a particular court (94 U. S. 535);

— to compound a criminal offense (83 111. 418);

— to restrict competition at a public sale, as by agreeing not to bjid thereat (47 Ga. 479).

And the agreement need only tend to illegality. Thus, an agreement for witness' fees contingent on the success of the party for whom the witness is to testify (10 Ala. 206), or for a fee to a private prosecutor contingent on a conviction (62 Ky. 207), or by an attorney to defend against offenses to be committed in the future (41 Kan. 364), are void as against public policy.