Also known as: illegal purposes · unlawful purpose · illicit purpose
Written by attorneys · grounded in primary & secondary sources — see below
An objective that violates criminal law or established public policy.
Igor Ito proposed to Iain Irons that they smuggle contraband across the border for profit. Iain outwardly nodded and discussed logistics but had already alerted authorities and never intended to participate. Because Iain lacked genuine intent to pursue the illegal objective, no conspiracy formed under the bilateral requirement.
Iris Energy required employees to sign an arbitration agreement containing an illegal waiver of statutory rights. The central purpose of the contract was not permeated by the illegality, so the court severed the unlawful provision while enforcing the remainder of the agreement.
Select any source to read its text and confirm it supports the definition.
Inertia Dynamics hired Isaiah Ishikawa under a contract that required him to falsify safety reports. Because the agreement was formed for an illegal purpose, the court refused to enforce it against either party when the employer later sought to avoid paying wages.
The City of New London condemned private homes to transfer the land to a private developer for an economic redevelopment project. The property owners challenged the action, arguing that the government's purpose was not a valid public use and therefore constituted an illegal objective under the Takings Clause.
A contract formed for an illegal purpose is void and unenforceable if both parties knew of and facilitated the purpose and it involves serious moral turpitude. It is voidable only by a party who did not know of the purpose or who knew but did not further it.
Supporting sources
No. Evidence of illegality is always admissible to challenge the validity of a contract even when a merger clause is present and even if the evidence contradicts the written terms.
The prosecution must prove that at least two participants genuinely shared a criminal objective. An agreement to pursue an objective contrary to public welfare satisfies the element even if the objective is not itself a defined crime.
No. Under the traditional bilateral theory, both parties must actually intend to carry out the unlawful agreement. Feigned agreement by one participant prevents formation of a conspiracy for either party.
Supporting sources
…are to conduct that complicated inquiry. Ante , at 477-478. For his part, Justice Kennedy suggests that courts may divine illicit purpose by a careful review of the record and the process by which a legislature arrived at the decision to take—without specifying what courts should look for in a case with different facts, how…