Legal Question in Business Law in Illinois

Contracts - General

I picked business law because there was no section for contracts, but the reason for selecting is probably to get specialized lawyers, so I thought business lawyers would know this one.

Question: What, if anyhting, is required to make a contract legel? I am not asking about what to include, for instance, provisions or time frmaes. Basiacally, I guess I am asking a contract written in pencil on a napkin and signed by all parties is enforcable.

Also, can you make contracts about ''non-penalization'' of crimes (for instance, I give permission to party A to rob my house or murder me at any time for any reason and no one is allowed to press charges). I am assuming these contracts would only need to be signed by the person who the crome is commited against and possibly the person who is allowed to commit it. Do these contracts include someone else not being able to press charges if they were not a victim (for instance, ''I allow you to be violent with me'', the crime is done, the person who wrote the contratc and got punched is in a coma. The parents of a legal adult, friends, spouses/boy/girlfriends, employers, etc., can not press charges and there is no possible way the ''crime-commiter'' will get in trouble.


Asked on 1/28/04, 3:18 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Contracts - General

To be enforceable, a contract requires either mutual promises, or some other consideration to bind both parties. I am aware of no provision of law that would take away the criminality of an act, simply because there is a contract! On the other hand, some acts, say entering on the premises of another, would be a crime without permission, but allowable with permission. Murder, etc., is not something one can contractually "allow"; take for example the euthanasia convictions of a certain doctor in the news some time ago. Just because his patient agreed to be put to death did not absolve him of the criminality of the act.

"I allow you to be violent with me," is a matter open to interpretation, but I can not concieve a setting that would legalize such behavior generally.

Feel free to correspond with me directly if you have a more specific concern.

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Answered on 1/28/04, 5:50 pm


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