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Contracts

void as against public policy

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 New Mexico, 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, it can be voided by a court. Additionally, contracts that attempt to limit a parent's duty to support their child, or those that are significantly unfair to consumers, may also be considered void as against public policy. The assessment of whether a contract is against public policy is inherently subjective and will depend on the specific terms of the contract and the context of the situation. New Mexico courts will evaluate the intent of the parties, the anticipated results, and the broader implications of enforcing such a contract on society to determine if it should be deemed unenforceable on the grounds of public policy.

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Contracts

void as against public policy

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Contracts

void as against public policy

Articles