contra bonos mores


Also found in: Acronyms.

contra bonos mores

‘against the best customs or morals or a good way of life’.

CONTRA BONOS MORES. Against good morals.
     2. All contracts contra bonos mores, are illegal. These are reducible to Several classes, namely, those which are, 1. Incentive to crime. A claim cannot be sustained, therefore, on. a bond for compounding a crime; as, for example, a prosecution for perjury; 2 Wils. R. 341, 447; or for procuring a pardon. A distinction has been made between a contract made as a reparation for an injury to the honor of a female, and one which is to be the reward of future illicit cohabitation; the former is good and valid, and the latter is illegal. 3 Burr. 1568; 1 Bligh's R. 269.
     3.-2. Indecent or mischievous consideration. An obligation or engagement prejudicial to the feelings of a third party; or offensive to decency or morality; or which has a tendency to mischievous or pernicious consequences, is void. Cowp. 729; 4 Campb. R. 152; Rawle's R. 42; 1 B. & A. 683; 4 Esp. Cas. 97; 16 East R. 150; Vide Wagers.
     4.-3. Gaming. The statutes against gaming render all contracts made for the purpose of gaming, void. Vide Gaming; Unlawful; Void.

References in periodicals archive ?
In this case, the court had to decide whether the action for wrongful conception/pregnancy was contra bonos mores, as it was beyond dispute that the agreed-upon procedure, a tubal ligation, was never performed.
The fourth requirement for informed consent--that of requiring it not to be contra bonos mores, i.
Our courts have long held that consent can only validly operate as a defence if the act being consented to is not contra bonos mores.
In some instances the courts take note of public opinion or morality, in establishing whether consent is contra bonos mores.
There is little doubt that had the Munoz case arisen in SA, such conduct by the doctors would be regarded as contra bonos mores (contrary to good morals) and unlawful.