A contract may be unenforceable if a court finds that some or all of the contract is against public policy—against the public good because it is contrary to law or morality. A contract that requires a party to commit a crime, fraud, or immoral act, or that limits a parent’s obligation to support the parent’s child, or that unfairly disadvantages consumers may be void as against public policy. The determination that a contract is void as against public policy is subjective and based on the specific contract and circumstances.
In Maryland, as in other states, a contract may be deemed unenforceable if it is found to be against public policy. This means that if a contract requires any party to engage in illegal activities such as committing a crime or fraud, or if it involves an immoral act, a court may rule it void. Additionally, contracts that attempt to limit a parent's obligation to provide child support can be struck down, as this is against the state's public policy which prioritizes the welfare of children. Contracts that are grossly unfair to consumers and disadvantage them in a way that violates principles of fairness and equity may also be voided. The assessment of whether a contract is against public policy is a subjective one, taking into account the specifics of the contract in question and the context of the situation. Maryland courts will consider the intent of the parties, the potential harm to the public, and the severity of the contract's contravention of law or morality when making this determination.