CONTRACTS - ILLEGALITY - ENFORCEMENT OF CONTRACT DECLARED "INVALID" BY STATUTE

Authors

Amos J. Coffman, University of Michigan Law SchoolFollow

Abstract

Plaintiff was injured while in the employ of defendant. Thereupon the defendant agreed to give the plaintiff employment for life if he would not prosecute the claim before the State Industrial Commission. After thirteen years plaintiff was summarily discharged. The time having elapsed for filing a claim with the Industrial Commission, he brought this action for breach of contract. Statutes of Oklahoma provide that no agreement to waive the right to compensation shall be valid and that claims shall not be released. The lower court awarded plaintiff $3,000 damages. Defendant appealed. Held, the rule that invalid contracts will not be enforced does not apply where the statute which makes the contract invalid is for the protection of one of the parties and non-enforcement will defeat the purpose. Oklahoma Portland Cement Co. v. Pollock, (Okla. 1937) 73 P. (2d) 427.

Recommended Citation

Amos J. Coffman, CONTRACTS - ILLEGALITY - ENFORCEMENT OF CONTRACT DECLARED "INVALID" BY STATUTE, 36 Mich. L. Rev. 837 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss5/11