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 ?
whether recognition of this type of claim would be contra bonos mores. Although the plaintiffs' claim was rejected, the judgment did not exclude the possibility that a claim for wrongful pregnancy could succeed where the facts support such an action.
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.e.
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. [8] At the heart of this principle is an acceptance that consent--even voluntarily given--must be consistent with public policy.
In some instances the courts take note of public opinion or morality, in establishing whether consent is contra bonos mores. In other words the principle is partially shaped by religious, ethical and moral perceptions of right and wrong.
There has been limited academic discussion about when health research would be contra bonos mores. At a macro level, it has been argued that participants should not be allowed to consent to research if it is likely to result in the discovery of knowledge that is inappropriate for human beings to process, [16] or when such knowledge may be misused in human hands, for example, developing instruments for killing or injuring humans.