Also known as: ground of public policy · public policy grounds · public policy
Written by attorneys · grounded in primary & secondary sources — see below
A basis for refusing to enforce an agreement or term because it conflicts with societal interests or legal norms protected by the law. Courts weigh the strength of the policy against the parties' expectations and the connection between the term and the prohibited conduct.
Gloria Green leased an apartment to Glenn Gross under a lease allowing her to change the locks and remove his belongings without court process if he fell behind on rent. When Gross held over after termination, Green invoked the clause and changed the locks. A court refused to enforce the self-help provision because the controlling law provided no preserved right of self-help.
Greta Goldstein signed a gym membership agreement that released the facility from all liability for injuries caused by its negligent maintenance of equipment. When a defective treadmill caused her serious injury, she sued. The release was held unenforceable because it attempted to shift responsibility for the gym's own negligence in a manner contrary to public policy.
Select any source to read its text and confirm it supports the definition.
Grace Gupta created a trust directing the trustee to pay beneficiaries only if they refrained from reporting corporate misconduct to regulators. The beneficiaries sought enforcement after the trustee withheld distributions. The court declared the trust invalid because its purpose violated public policy favoring lawful conduct and regulatory compliance.
Gretchen Graham borrowed from Gateway Bank and executed a mortgage plus a side agreement placing a quitclaim deed in escrow to be recorded automatically upon any default with no right to redeem. After default the bank recorded the deed. The court set aside the arrangement because it clogged the equity of redemption in violation of public policy.
Greenleaf Farms granted a servitude allowing a neighbor to maintain a fence that blocked access to a public road. When the neighbor sought to enforce the servitude literally, the court chose the interpretation permitting reasonable access because the literal reading would have violated public policy favoring land usability.
Guadalupe Gallegos and Global Dynamics executive entered a marriage solely for immigration purposes and signed a side agreement relieving each of any support obligations. When one sought enforcement of the support waiver, the court refused because the collateral agreement contradicted the essential obligations of marriage and violated public policy.
Courts weigh the strength of the public policy against enforcement, the parties' justified expectations, any forfeiture that would result, and whether the term's connection to the prohibited conduct is direct. The policy against enforcement must clearly predominate.
Supporting sources
Yes. Any provision that makes redemption impossible, converts the mortgage into an absolute conveyance on default, or waives the right to redeem in advance is treated as a clog on the equity of redemption and is void.
Supporting sources
A trust is invalid if its purpose is unlawful, impossible to achieve, or contrary to public policy, or if its terms do not benefit the beneficiaries. Termination may also occur when the purposes become contrary to public policy.
Supporting sources
No. An agreement permitting self-help is against public policy and void if the controlling law does not preserve the landlord's right to self-help.
Supporting sources
No. Such agreements are unenforceable when they are invalid as contrary to public policy, even if the plaintiff fully understood the risk.
Supporting sources
…of lawyers demanding broad judicial remedies—inevitably undermines administrative effectiveness and defeats fundamental public policy by encouraging "end runs" around the administrative process. It is apparent without discussion that resort to the local appeals board in this case would have furthered these policies,…