Which of the following contracts would be VOID under the element of legality?

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BlackTom AI · Accepted Answer

The question asks: Which of the following contracts would be VOID under the element of legality?

First, I notice that the provided data includes an answer field with: "Sale of illegal drugs" but there are no answer options listed in answer_options. Since the set of possible choices is missing, I cannot enumerate and evaluate each option individually. Nonetheless, I can explain the core legal principle and apply it to the topic implied by the provided answer.

Key principle: Contracts that have illegal subject matter or that require the performance of an illegal act are void ab initio, meaning they are unenforceable from the moment of formation. Courts will not aid in enforcing illegal agreements, and parties cannot seek remedy for breach because the contract lacks legal purpose.

Application to the implied option: A contract involving the sale of illegal drugs would be void because the subject matter (illegal drugs) is itself unlawful. Engaging in such a contract would violate drug laws and public policy, rendering the agreement non-enforceable and incapable of being ratified by either party.

Why this is inconsistent with legality in general: 
- If the contract’s formation or performance requires a crime, it fails the legality element and cannot be enforceable. 
- The illegality cannot be cured by partial performance or divvying out unlawful terms; courts typically treat the entire contract as void (unless there is a severable, lawful portion that can operate independently, which is a narrow exception and not typically applicable to a contract whose central purpose is illegal).

Why other possible options (if they had been provided) might be treated differently: 
- A contract involving a legal purpose but containing illegal performance terms could be void to that extent, with the illegal portions severed if severance is possible without undermining the contract’s intention.
- A contract with legality intact (lawful subject matter and lawful performance) would generally be enforceable, provided all other elements of a valid contract are present (offer, acceptance, consideration, capacity, and legality of the object).

If you had multiple options, the ones encroaching on illegal activity (like drug sales, contraband, or other prohibited actions) would typically be void for illegality, while options involving lawful subjects and compliant performance could be enforceable depending on meeting all contract requirements.

KSB-111-003.2025F Quiz -- Chapter 13

Which of the following contracts would be VOID under the element of legality?

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