If a contract violates the law, can it still be enforced against me?

  • Post category:Litigation

By Adam Keilen

Short answer. No. Under Michigan law, courts will generally not enforce a contract that violates a statute or a public policy.

Under Michigan law, parties may enter into any contract, so long as the contract is not contrary to Michigan law and does not conflict with a public policy. Cudnik v. William Beaumont Hosp, 207 Mich App 378, 383-384, 525 NW2d 891 (1994). Contracts that violate the law or a public policy are deemed void, regardless of whether an actual public injury occurred; thus, most courts will not enforce them. Peeples v. Detroit, 99 Mich App 285, 302, 297 NW2d 839 (1980).

The take away. Contracts are almost always enforced as written, so be sure you read them; however, if your agreement violates the law or a public policy, most courts won’t enforce it.

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