The phrase "quid turpi ex causa promissum est non valet" translates to "a promise based on an immoral cause is not valid." This legal principle asserts that if a promise arises from an unethical or illegal consideration, it cannot be enforced in a court of law. This concept is rooted in the idea that the legal system does not support or reward immoral behavior.
This maxim is primarily used in contract law. It serves as a defense against the enforcement of promises or agreements that are founded on illegal or immoral actions. Legal practitioners often invoke this principle in cases involving contracts that may be deemed void due to their unethical nature. Users can find relevant legal forms and templates on platforms like US Legal Forms to help navigate situations where this principle may apply.
Here are a couple of examples of abatement:
Example 1: A person agrees to pay another individual to commit a crime, such as theft. If the second party does not fulfill their end of the agreement, they cannot be held legally accountable for the promise, as it is based on an illegal act.
Example 2: A contract between two parties to engage in illegal gambling activities is unenforceable in court. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Contracts based on illegal activities are void and unenforceable. |
| New York | Similar principles apply, but courts may consider the intent of the parties. |
| Texas | Contracts founded on illegal considerations are generally not enforceable. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Void Contract | A contract that is unenforceable by law. | Quid turpi ex causa specifically addresses the immorality of the consideration. |
| Unconscionable Contract | A contract that is so unfair to one party that it is voidable. | Unconscionability focuses on fairness, while quid turpi ex causa focuses on morality. |
If you believe a promise or contract you are involved in may be based on immoral grounds, consider the following steps:
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It means a promise based on an immoral cause is not valid.