What is the test for applying the illegality of contract doctrine as a defense?
California, United States of America
The following excerpt is from Metsch v. Heinowitz, D074999 (Cal. App. 2020):
In applying the illegality of contract doctrine as a defense, courts do not consider whether its application results in unjust enrichment in favor of the party opposing enforcement of the contract; i.e., rather than "secur[ing] justice" between the contracting parties, courts must consider " 'a higher interestthat of the public, whose welfare demands that certain transactions be discouraged.' " (Fong v. Miller (1951) 105
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