Which of the following is TRUE?
A)Where a portion of a contract is void,the whole contract is affected and a court will set aside the whole contract as being void.
B)A contract that contemplates the commission of a tort is not legal unless the tort is committed and someone is injured.
C)Where a portion of a contract is void,the remainder of the contract is not affected provided a court can sever the void parts without doing injustice to the parties.
D)The common law supersedes statute law when determining the legality of contracts.
E)A statute can only make a contract illegal; it cannot make a contract void.

Question

Quizplus · Accepted Answer

This is the principle of severability, which allows a court to strike out a void provision from a contract without affecting the validity of the rest of the agreement, provided that doing so would not be unfair to one or more of the parties. Option A is incorrect because not all void provisions automatically void an entire contract, only those that are deemed essential to the agreement. Option B is incorrect because a contract that anticipates a tort is not necessarily illegal, as it depends on the nature of the tort and the intention of the parties. Option D is incorrect because statute law generally takes precedence over common law in matters of contracts, unless the statute specifically defers to the common law. Option E is incorrect because while a statute can make a contract illegal, it can also render it void or unenforceable, depending on the circumstances.

Which of the Following Is TRUE