An agreement that requires a person to commit a tort is unenforceable. This principle is based on the fact that a tort is a civil wrong that causes harm to another person, and it is prohibited by law. Therefore, any agreement that compels someone to engage in such behavior is considered illegal and cannot be enforced by the courts.
The concept of torts is central to the legal system, as it provides a framework for individuals to seek compensation for harm caused by others. A tort can take many forms, including negligence, defamation, false imprisonment, or intentional infliction of emotional distress. In each case, the plaintiff must prove that the defendant’s actions caused harm and that the harm was foreseeable.
When it comes to agreements, the law recognizes that parties may freely enter into contracts as long as they do not violate public policy or the law. For example, contracts that involve illegal activities, such as drug trafficking or prostitution, are unenforceable because they violate the law. Similarly, contracts that require someone to engage in a tort are also unenforceable because they violate public policy.
To understand why this is the case, consider the following example. If two parties entered into an agreement in which one party agreed to intentionally cause harm to a third party, this agreement would be unenforceable because it violates public policy. Additionally, if the injured party sued the person who caused the harm, they would not be able to rely on the agreement as a defense because it is not legally recognized.
Moreover, the person who committed the tort would be liable for the harm caused, regardless of any agreement they entered into. This is because the law prioritizes protecting individuals from harm, and agreements that conflict with this principle are not recognized as valid.
In conclusion, an agreement that requires a person to commit a tort is unenforceable because it violates public policy and the law. The principle behind this is to protect individuals from harm and prevent agreements that could result in illegal or harmful behavior. Therefore, parties should avoid entering into contracts that require illegal actions or risk being held liable for any harm caused.
