Public Policy Defense

/ˈpʌblɪk ˈpɑːlɪsi dɪˈfɛns/

Definitions

  1. (n.) A legal doctrine that allows courts to refuse enforcement of contracts or agreements that violate established public policy or are harmful to society.
    The court invoked the public policy defense to invalidate the non-compete clause as it unfairly restricted trade.
  2. (n.) A defense asserted to prevent enforcement of a law or contract deemed contrary to the public interest or morals.
    The defendant raised a public policy defense arguing that the statute's enforcement would result in unjust harm.

Forms

  • public policy defense
  • public policy defenses

Commentary

Used primarily to challenge contracts or laws on grounds of societal welfare; the term covers both defense against contract enforcement and challenges to statutes conflicting with societal morals or interests.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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