A contract with no illegal object is fundamentally valid due to

Prepare for the NALS ALP Test with comprehensive quizzes. Use flashcards and multiple choice questions, with helpful hints and explanations to ace your exam!

A contract is considered fundamentally valid when it upholds the principle of legality. This means that the contract must have a legal purpose and not involve any illegal activities, items, or services. If a contract has an object that is legal, it aligns with the basic requirements for enforceability under contract law. Therefore, the foundational element here is that the object of the contract must be lawful for the contract itself to be deemed valid.

While capacity, consideration, and performance are all important elements in the formation and execution of a contract, they become relevant only after confirming that the contract's objective is legal. For instance, capacity refers to the ability of the parties to enter into a contract, consideration pertains to what each party stands to gain or lose from the agreement, and performance involves the fulfillment of the contract's terms. However, if the contract's purpose is illegal, these elements become moot, as the contract cannot be upheld in a court of law. Thus, legality is the underlying factor that ensures a contract can exist in the legal framework.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy