Also known as: violations of public policy · violating public policy · violates public policy · violated public policy · public policy violation · contra public policy
Written by attorneys · grounded in primary & secondary sources — see below
A ground for invalidating agreements or servitudes when their purpose or terms conflict with established public interests or statutory prohibitions. Courts prefer interpretations that avoid such conflicts when multiple readings are possible.
Scott granted Ridge Concrete an easement limited to staging construction equipment on his residential-adjacent land. Years later Ridge stored demolition debris and hazardous materials there for months. The court interpreted the easement narrowly to exclude the storage because that reading avoided environmental and safety harms near homes.
A testator conditioned a bequest on the beneficiary marrying within a specific religious faith. The beneficiary challenged the condition after the bank refused distribution. The court struck the condition because it violated the state's strong public policy favoring religious freedom.
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John Foley alleged his employer fired him for reporting illegal activity by a client. The employer moved to dismiss the tort claim. The court allowed the claim to proceed because discharging an employee for reporting violations contravenes public policy.
Michelle Marvin sued her former partner for support after years of cohabitation under an alleged oral agreement. The partner argued the agreement was unenforceable because it arose from their relationship. The court enforced the agreement because it did not directly promote illegal conduct or violate public policy.
A testator directed that her historic home be razed after her death. The executor sought to carry out the instruction. The court refused because destroying a sound structure in a residential neighborhood violated public policy favoring preservation of housing stock.
Bob Jones University maintained racially discriminatory admissions policies while claiming tax-exempt status. The IRS revoked the exemption. The Supreme Court upheld the revocation because the university's practices violated established public policy against racial discrimination in education.
A term violates public policy when it conflicts with statutes, constitutional principles, or clear judicially recognized interests such as safety, fairness, or freedom from discrimination. Courts examine the purpose and effect of the term rather than its label.
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A plaintiff cannot impliedly assume a risk when an express agreement to accept that risk would be void as against public policy. Courts therefore reject the defense in contexts such as medical malpractice where statutes forbid advance waivers.
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No. A servitude remains valid even if it lowers the burdened parcel's market value or narrows the pool of potential buyers, provided it is not unconscionable and does not otherwise offend public policy.
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The party claiming invalidity must prove that the servitude arrangement violates public policy. The Restatement shifts the inquiry away from older touch-and-concern requirements and places the burden on the challenger.
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…partners should be enforced. (5) Defendant secondly relies upon the ground suggested by the trial court: that the 1964 contract violated public policy because it impaired the community property rights of Betty Marvin, defendant's lawful wife. Defendant points out that his earnings while living apart from his wife before rendition of the…