UNLAWFUL CONTRACTS STATUTES
     Last revised: April 15, 2008

UNLAWFUL CONTRACTS

Civil Code

1667 Violation of Law, Public Policy, or Morals

1668 Exempting Liability for Fraud, Negligence, or Violation of Law

1670.5 Unconscionable contract or clause of contract; finding as matter of law; remedies

 

1667 Violation of Law, Public Policy, or Morals

That is not lawful which is:

1. Contrary to an express provision of law;

2. Contrary to the policy of express law, though not expressly prohibited; or,

3. Otherwise contrary to good morals.

 

1668 Exempting Liability for Fraud, Negligence, or Violation of Law

All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.

 

1670.5 Unconscionable contract or clause of contract; finding as matter of law; remedies

(a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. 

(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.