Illegal Agreements and the Lesser Evil Principle

35 Pages Posted: 22 Nov 2015 Last revised: 12 Dec 2015

See all articles by Chunlin Leonhard

Chunlin Leonhard

Loyola University New Orleans College of Law

Date Written: November 20, 2015

Abstract

This Article builds on the existing scholarship on illegal agreements and joins the search for “consistency and rationality.” It offers the insight that, contrary to common belief, courts’ approach to illegal agreements shows a consistent pattern. The author advocates for an explicit recognition of the lesser evil principle in private law, drawing upon courts’ explicit adoption of the principle in criminal and tort law and its implicit adoption of the principle when resolving illegal agreement disputes.

Keywords: contracts, illegal agreements, jurisprudence

Suggested Citation

Leonhard, Chunlin, Illegal Agreements and the Lesser Evil Principle (November 20, 2015). 64 Cath. U. L. Rev. 833 (2015), Loyola University New Orleans College of Law Research Paper No. 2015-10, Available at SSRN: https://ssrn.com/abstract=2693681

Chunlin Leonhard (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States

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