Defeating legislative intention: Contracts unlawful if they thwart expressed or necessarily implied statutory purpose, not mere conjecture. The concept of defeat the provision of law is confined to acts or agreements that frustrate the intention the legislature has expressly stated or that is necessarily implied from an enactment. An agreement to do what is unlawful remains void if it directly subverts the statute's expressed or necessarily implied purpose. Conversely, an agreement is not void merely because it tends to defeat a purpose attributed to the legislature by conjecture or by extraneous materials not forming part of the enactment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Defeating legislative intention: Contracts unlawful if they thwart expressed or necessarily implied statutory purpose, not mere conjecture.
The concept of defeat the provision of law is confined to acts or agreements that frustrate the intention the legislature has expressly stated or that is necessarily implied from an enactment. An agreement to do what is unlawful remains void if it directly subverts the statute's expressed or necessarily implied purpose. Conversely, an agreement is not void merely because it tends to defeat a purpose attributed to the legislature by conjecture or by extraneous materials not forming part of the enactment.
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