Introduction:

In the field of law, agreements are considered the backbone for various transactions and legal procedures. However, the legality and validity of an agreement are a matter of concern. In this regard, there is often confusion between unlawful agreements and illegal agreements. Many people consider these two terms interchangeable, but this is not entirely true. In this article, we will explore the differences, if any, between unlawful agreements and illegal agreements and examine the implications of the same.

Unlawful Agreements:

An unlawful agreement is an agreement that is not recognized by the law. Such agreements are not enforceable in the court of law. The reasons for an agreement to be deemed unlawful could be many, including but not limited to:

1. The agreement is immoral or against public policy.

2. The agreement is fraudulent or illegal.

3. The agreement involves breaking the law.

4. One or more parties to the agreement are not competent to contract.

For instance, an agreement that involves the sale of illegal drugs, prostitution services, or any other illegal activity is unlawful and not enforceable in the court of law.

Illegal Agreements:

Illegal agreements are those agreements that are prohibited by law. They are not only unenforceable but are also punishable by law. Illegal agreements are of two types:

1. Agreements that are prohibited by law: These agreements are prohibited by the law, and any attempt to enter into such an agreement would be an offense. Examples of such agreements include agreements to commit a crime, agreements to defraud, and agreements that violate the law.

2. Agreements that are illegal due to some legal disabilities: These agreements are illegal because of the legal disabilities of one or more parties to the agreement. For instance, contracts entered into by minors or mentally unstable persons are illegal.

Difference between Unlawful and Illegal Agreements:

While both unlawful and illegal agreements are not enforceable in the court of law, there is a difference between the two. Unlawful agreements are agreements that are not recognized by law, while illegal agreements are agreements that are prohibited by law. Unlawful agreements are not necessarily illegal. For example, a contract between two parties to break a law is not enforceable, but it is not illegal.

Conclusion:

In conclusion, it is essential to understand the difference between unlawful and illegal agreements. While unlawful agreements are agreements that are not recognized by law, illegal agreements are those that are prohibited by law and punishable by law. Regardless of the type of agreement, any attempt to enter into such agreements can have severe consequences. Therefore, it is essential to consult a legal expert before entering into any agreement to avoid any legal implications.