A contract may be unenforceable if a court finds that some or all of the contract is against public policy—against the public good because it is contrary to law or morality. A contract that requires a party to commit a crime, fraud, or immoral act, or that limits a parent’s obligation to support the parent’s child, or that unfairly disadvantages consumers may be void as against public policy. The determination that a contract is void as against public policy is subjective and based on the specific contract and circumstances.
In Texas, as in other states, a contract may be deemed unenforceable if it is found to be against public policy. This means that if a contract requires any party to engage in illegal activities such as committing a crime or fraud, or if it involves an immoral act, it can be voided by a court. Additionally, contracts that attempt to limit a parent's obligation to provide child support are against public policy and are therefore unenforceable. Contracts that are grossly unfair to consumers and disadvantage them in a way that offends public policy may also be voided. The determination of whether a contract is against public policy is a subjective one, made by the courts on a case-by-case basis, taking into account the specific terms of the contract and the context of the situation.
