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 York, 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 the courts. Additionally, contracts that attempt to limit a parent's duty to support their child, or those that are grossly unfair to consumers, may also be considered void as against public policy. The courts in New York use a subjective approach when determining whether a contract violates public policy, taking into account the specific terms of the contract and the context of the situation. This assessment is made on a case-by-case basis, and the outcome can depend on the unique facts and circumstances surrounding each contract.