2021 Georgia Code
Title 13 - Contracts
Chapter 8 - Illegal and Void Contracts Generally
Article 1 - General Provisions
§ 13-8-2. Contracts Contravening Public Policy Generally

Universal Citation: GA Code § 13-8-2 (2021)
  1. A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
    1. Contracts tending to corrupt legislation or the judiciary;
    2. Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter;
    3. Contracts to evade or oppose the revenue laws of another country;
    4. Wagering contracts; or
    5. Contracts of maintenance or champerty.
  2. A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the indemnitee, or its, his, or her officers, agents, or employees, is against public policy and void and unenforceable. This subsection shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owner's or contractor's protective insurance, builder's risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy.
  3. A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, is against public policy and void and unenforceable, except for indemnification for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the indemnitor or other persons employed or utilized by the indemnitor in the performance of the contract. This subsection shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy or project specific policy endorsement.

(Orig. Code 1863, § 2714; Code 1868, § 2708; Code 1873, § 2750; Code 1882, § 2750; Civil Code 1895, § 3668; Civil Code 1910, § 4253; Code 1933, § 20-504; Ga. L. 1970, p. 441, § 1; Ga. L. 1982, p. 3, § 13; Ga. L. 1989, p. 14, § 13; Ga. L. 1990, p. 1676, § 1; Ga. L. 2007, p. 208, § 1/HB 136; Ga. L. 2009, p. 231, § 1/HB 173; Ga. L. 2011, p. 399, § 2/HB 30; Ga. L. 2016, p. 205, § 1/HB 943.)

The 2009 amendment, in subsection (a), substituted "that" for "which" in the first sentence of the introductory paragraph and, at the end of paragraph (a)(2), substituted "which restrict certain competitive activities, as provided in Article 4 of this chapter" for "in partial restraint of trade as provided for in Code Section 13-8-2.1".

The 2011 amendment, effective May 11, 2011, in subsection (a), substituted "that" for "which" in the first sentence of paragraph (a)(1) and substituted "contracts which restrict certain competitive activities, as provided in Article 4 of this chapter" for "contracts in partial restraint of trade as provided for in Code Section 13-8-2.1" in paragraph (a)(2). See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, added subsection (c).

Cross references.

- Contracts to defeat or lessen competition or to encourage monopoly, Ga. Const. 1983, Art. III, Sec. VI, Para. V.

Book, periodical, or newspaper tie-in sales, § 10-1-330 et seq.

Null and void nature of contracts between employer and employee whereby employer is exempted from liability to employee for negligence of employer or his other employees, as such liability is fixed by law, § 34-7-22.

Void nature of agreement by individual to waive, release, or commute rights to benefits or any other rights under laws pertaining to employment security, § 34-8-250.

Restriction on power of common carriers to limit liability, § 46-9-2.

Editor's notes.

- Ga. L. 1990, p. 1676, § 2, not codified by the General Assembly, provides: "This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter of this Act."

Ga. L. 2007, p. 208, § 2, not codified by the General Assembly, provides: "This Act shall not be applied to impair any obligation of contract or agreement entered into prior to July 1, 2007, but this Act shall apply to any contract entered into, extended, or renewed on or after such date."

Ga. L. 2009, p. 231, § 4, not codified by the General Assembly, provides that the 2009 amendment becomes effective on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition and shall apply to contracts entered into on and after such date and shall not apply in actions determining the enforceability of restrictive covenants entered into before such date and that if such amendment is not so ratified, then this amendment shall stand automatically repealed. The constitutional amendment (Ga. L. 2010, p. 1260) was ratified at the general election held on November 2, 2010.

Ga. L. 2011, p. 399, § 1, not codified by the General Assembly, provides: "During the 2009 legislative session the General Assembly enacted HB 173 (Act No. 64, Ga. L. 2009, p. 231), which was a bill that dealt with the issue of restrictive covenants in contracts and which was contingently effective on the passage of a constitutional amendment. During the 2010 legislative session the General Assembly enacted HR 178 (Ga. L. 2010, p. 1260), the constitutional amendment necessary for the statutory language of HB 173 (Act No. 64, Ga. L. 2009, p. 231), and the voters ratified the constitutional amendment on November 2, 2010. It has been suggested by certain parties that because of the effective date provisions of HB 173 (Act No. 64, Ga. L. 2009, p. 231), there may be some question about the validity of that legislation. It is the intention of this Act to remove any such uncertainty by substantially reenacting the substantive provisions of HB 173 (Act No. 64, Ga. L. 2009, p. 231), but the enactment of this Act should not be taken as evidence of a legislative determination that HB 173 (Act No. 64, Ga. L. 2009, p. 231) was in fact invalid."

Ga. L. 2011, p. 399, § 5, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to contracts entered into on and after May 11, 2011, and shall not apply in actions determining the enforceability of restrictive covenants entered into before May 11, 2011.

Law reviews.

- For article, "The General Practitioner and Anti-trust Problems," see 20 Ga. B.J. 47 (1957). For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article discussing effect of contracts against public policy, see 4 Ga. L. Rev. 469 (1970). For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For article on enforceability of restrictive covenants in employment contracts, see 17 Ga. St. B.J. 110 (1981). For article surveying developments in Georgia contracts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 67 (1981). For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For article, "Liabilities of the Former Officer or Director," see 18 Ga. St. B.J. 150 (1982). For annual survey on contracts, see 36 Mercer L. Rev. 151 (1984). For article, "The Underbrush Grows Deeper: Restrictive Covenants in Employment Agreements in Georgia," see 21 Ga. St. B.J. 28 (1984). For article, "The New Documentary Concerns Associated With Intelligent Buildings," see 22 Ga. St. B.J. 16 (1985). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985). For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986). For article, "Survey of Current Georgia Law Regarding Restrictive Covenants," see 25 Ga. St. B.J. 188 (1989). For article, "Georgia Constitution May Restrict the 1990 Restrictive Covenant Law," see 27 Ga. St. B.J. 82 (1990). For article, "Georgia's New Restrictive Covenant Act," see 42 Mercer L. Rev. 1 (1990). For annual survey on law of contracts, see 42 Mercer L. Rev. 125 (1990). For article, "Georgia's Indemnity Minefield," see 28 Ga. St. B.J. 142 (1992). For annual survey article on contract law, see 45 Mercer L. Rev. 109 (1993). For article, "Restrictions on Post-Employment Competition by an Executive Under Georgia Law," see 54 Mercer L. Rev. 1133 (2003). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey of labor and employment law, see 56 Mercer L. Rev. 291 (2004). For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006). For survey article on construction law, see 59 Mercer L. Rev. 55 (2007). For survey article on insurance law, see 59 Mercer L. Rev. 195 (2007). For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007). For survey article on labor and employment law, see 60 Mercer L. Rev. 217 (2008). For annual survey on construction law, see 61 Mercer L. Rev. 65 (2009). For article, "Georgia Gets Competitive," see 15 (No. 4) Ga. St. B.J. 13 (2009). For annual survey of law on construction law, see 62 Mercer L. Rev. 71 (2010). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 21 (2011). For annual survey on construction law, see 64 Mercer L. Rev. 71 ( 2012). For annual survey on labor and employment law, see 66 Mercer L. Rev. 121 (2014). For annual survey on construction law, see 68 Mercer L. Rev. 83 (2016). For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019). For article, "Is Liberal Enforcement of Noncompetes Still Good Policy?,” see 26 Ga. St. B.J. 26 (Oct. 2020). For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970). For note discussing covenants not to compete in employment contracts as void when in general restraint of trade, see 10 Ga. St. B.J. 125 (1973). For note discussing exculpatory clauses in leases in light of Country Club Apts. v. Scott, No. 36346 (Ga. Sup. Ct., Oct. 1, 1980), see 32 Mercer L. Rev. 419 (1980). For note on 1990 amendment of this Code section, see 7 Ga. L. Rev. 244 (1990). For note, "Laissez Fair: The Case for Alternative Litigation Funding and Assignment of Lawsuit Proceeds in Georgia," see 49 Ga. L. Rev. 1121 (2015). For comment on Dixie Bearings, Inc. v. Walker, 219 Ga. 353, 133 S.E.2d 338 (1963), see 1 Ga. St. B.J. 220 (1964). For comment on Durham v. Stand-By Labor of Ga., Inc., 230 Ga. 558, 198 S.E.2d 145 (1973), appearing below, see 8 Ga. L. Rev. 526 (1974). For comment discussing indemnity and exculpatory agreements contained in real property leases, see 33 Emory L.J. 135 (1984). For comment, "The Application of Contract Law to Georgia Noncompete Agreements: Have We Been Overlooking Something Obvious?," see 41 Mercer L. Rev. 723 (1990).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Exculpatory Clauses
  • Contracts Tending to Corrupt Legislature or Judiciary
  • Contracts in Restraint of Trade, Generally
  • Partial Restraints of Trade
  • Restrictive Covenants Ancillary to Employment Contracts
  • Restrictive Covenants Ancillary to Sale of Business
  • Gambling and Wagering Contracts
  • Contracts of Maintenance or Champerty

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A.

§ 13-8-2 and constitutional provision have same meaning. - Supreme Court has held that Ga. Const. 1976, Art. III, Sec. VIII, Para. VIII (see, now, Ga. Const. 1983, Art. III, Sec. VI, Para. V) is an embodiment of the common-law rule which prohibited contracts in general restraint of trade, and thus that it has same meaning as this statute which states that contracts in general restraint of trade cannot be enforced. 1960-61 Op. Att'y Gen. p. 429 (see O.C.G.A. § 13-8-2).

Contracts in partial restraint of trade are valid if reasonable and not injurious to public interest. 1960-61 Op. Att'y Gen. p. 429.

Rule as to partial restraints of trade is applicable to public service corporations. 1960-61 Op. Att'y Gen. p. 429.

Contract by public official which hampers or restricts performance of the official's public duties contravenes public policy. 1958-59 Op. Att'y Gen. p. 241.

Public offices may not be bought and sold, such agreements being contrary to public policy and void at common law. 1958-59 Op. Att'y Gen. p. 241.

Insurer's partial payment of insured's attorney's fees, by itself, does not constitute maintenance.

- Although by paying for at least a portion of an insured's attorney's fees an insurer would assist insured in defraying expenses of litigation, that fact alone does not require a contract to be regarded as a contract of maintenance. 1974 Op. Att'y Gen. No. 74-48.

Department of Offender Rehabilitation and the department's director cannot divest themselves of duty of selecting wardens.

- Duty of selecting and employing wardens is vested exclusively in State Board of Corrections (now Department of Offender Rehabilitation) and director (now commissioner); the board and the director are to exercise their informed and expert judgment in selecting and discharging such officials, and any contract or agreement whereby they seek to divest themselves of that discretion, power, and judgment is void as being contrary to public policy. 1958-59 Op. Att'y Gen. p. 241.

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, 146, 155, 163 et seq., 181, 182, 204, 205.

Enforceability of Covenant Not to Compete, 8 POF2d 663.

Enforcement of Casino Gambling Debts, 71 POF3d 193.

Enforcement of International Gambling Debts, 87 POF3d 347.

C.J.S.

- 17 C.J.S., Contracts, §§ 29, 215 et seq., 273.

ALR.

- Purchase of cause of action by attorney as champertous, 4 A.L.R. 173.

Validity of individual contract by director to put or maintain a designated person in office, 12 A.L.R. 1070; 45 A.L.R. 795.

Rights and remedies of one whose contract for a free or reduced service rate with public utility in consideration of a grant of property or privileges is nullified by public authority, 14 A.L.R. 252.

Validity of contract by agent for compensation from third person for negotiating loan or sale with principal, 14 A.L.R. 464.

Innocence of the person threatened as affecting the rights or remedies in respect of contracts made, or money paid, to prevent or suppress a criminal prosecution, 17 A.L.R. 325.

Validity of agreement by bailee of instrumentality to purchase his supplies from bailor, 17 A.L.R. 392.

Validity of agreement to pay an officer or employee of a bank or trust company to disclose the existence of, or to assist one to establish, a deposit, 18 A.L.R. 979.

Elements bearing directly upon the quality of a contract as affecting the character of one as independent contractor, 20 A.L.R. 684.

Validity and enforceability of restrictive covenant in contracts of employment, 20 A.L.R. 861; 29 A.L.R. 1331; 52 A.L.R. 1362; 67 A.L.R. 1002; 98 A.L.R. 963.

Validity of lobbying contracts, 29 A.L.R. 157; 67 A.L.R. 684.

Right of manufacturer to make its warranties conditional on nonuse of accessories manufactured by others, and to require its agents not to handle them, 29 A.L.R. 235.

Validity and enforceability of restrictive covenants in contracts of employment, 29 A.L.R. 1331; 52 A.L.R. 1362; 67 A.L.R. 1002; 98 A.L.R. 963.

Judgments enforcing contract contrary to public policy as subject to collateral attack, 30 A.L.R. 1100.

Laundry business as within statute relating to monopolies, 31 A.L.R. 533.

Validity of contract for repayment of embezzled money, 32 A.L.R. 422.

Right of manufacturer, producer, or wholesaler to control resale price, 32 A.L.R. 1087; 103 A.L.R. 1331; 125 A.L.R. 1335.

Contract for services in connection with attempt to prevent a criminal investigation or prosecution, 33 A.L.R. 779.

Validity of agreement for sale of information as to claims or property rights, 34 A.L.R. 1537.

Incontestable clause as excluding a defense based upon public policy, 35 A.L.R. 1491; 170 A.L.R. 1040.

Public policy in respect of associations or combinations of public contractors and their rules and regulations, 45 A.L.R. 549.

Validity of individual contract by director or stockholder to put or maintain a designated person in office, 45 A.L.R. 795.

Insurance under Workmen's Compensation Act as coextensive with the insured's liability under act, 45 A.L.R. 1329; 108 A.L.R. 812.

Telegraph ticker service, 45 A.L.R. 1379.

Agreement conditional upon obligor securing public office, 45 A.L.R. 1399.

Validity of contract to testify, 45 A.L.R. 1423.

Validity of contract to influence administrative or executive officer or department, 46 A.L.R. 196; 148 A.L.R. 768.

Validity and construction of contract or option on purchase of corporate stock by employee for resale thereof to original seller on termination of employment, 48 A.L.R. 625; 66 A.L.R. 1182.

Validity and construction, as regards buildings not on right of way, of contract relieving railroad from liability for destruction of buildings, 48 A.L.R. 1003; 51 A.L.R. 638.

Application of anti-trust laws to combinations to maintain prices of commodities as affected by reasonableness of prices fixed, 50 A.L.R. 1000.

Validity and enforceability of restrictive covenants in contracts of employment, 52 A.L.R. 1362; 67 A.L.R. 1002; 98 A.L.R. 963.

Enforceability of contract not in itself opposed to law or public policy but which may aid incidentally in evasion or violation of the law or public policy, 53 A.L.R. 1364.

Effect on insurance contract of wagering assignment thereof, 53 A.L.R. 1403.

Validity of contract as affected by public policy as an independent question for the federal courts, or one as to which they are bound to follow the decisions of the state court, 57 A.L.R. 435.

Validity of contract which impairs or tends to impair the ability of a public service corporation to serve the public, 58 A.L.R. 804.

Validity of contract to influence third person with respect to disposal of property at death or by gift during lifetime, 61 A.L.R. 646.

Validity of agreement of stockholder not to engage in business in which corporation is engaged, 63 A.L.R. 316.

Validity of contract to induce neighboring property owners to consent, or to withdraw objection, to erection of building or other private structure, 65 A.L.R. 998.

Validity of lobbying contracts, 67 A.L.R. 684.

Validity of stipulation in indemnity or guaranty contract or bond making voucher, accounts, books, or other evidence of payment or loss competent, prima facie, or conclusive evidence of the fact or amount of liability, 68 A.L.R. 330.

Validity and effect of covenant or agreement of indemnity in lease, purporting to indemnify lessee against loss if use for which premises are leased proves illegal, 68 A.L.R. 1379.

Contracts entered into before death, relating to burial or cremation, or steps incident thereto, as opposed to public policy, or as proper subject of regulation by statute, 68 A.L.R. 1525.

Validity of agreement by public officer to accept less than compensation or fees fixed by law, 70 A.L.R. 972; 118 A.L.R. 1458; 160 A.L.R. 490.

Champerty rule or statute as applicable to tax sale, execution sale, or judicial sale, or to conveyances by persons claiming under such sales, 71 A.L.R. 592.

Right of municipality to exact of contractor additional consideration as condition of extension of time for completion of improvements, 71 A.L.R. 904.

Validity of agreement by which one is to benefit from consent to, or promotion of, marriage between other persons, 72 A.L.R. 2113.

Removal or attempted removal of one from field of competition by inducing him to enter another's employment as violation of Anti-monopoly Act, 74 A.L.R. 289.

Change of conditions subsequent to judgment enforcing restrictive covenant, 76 A.L.R. 1358.

What is a "manufacturing" business or enterprise within covenant restricting the use of real property, 81 A.L.R. 1047.

Right of manufacturer to question reasonableness of regulation by individual or private corporation which excludes use of manufacturer's products, 81 A.L.R. 1422.

Sale of business and "good will," or of interest in partnership and "good will," as implying restriction against competition in absence of provision in that regard, 82 A.L.R. 1030.

Contract by one party to sell his entire output to, or to take his entire requirements of a commodity from, the other as contrary to public policy or antimonopoly statutes, 83 A.L.R. 1173.

Validity, construction, application, and effect of provision of lease exempting landlord from liability on account of condition of property, 84 A.L.R. 654.

Right of attorney to recover upon quantum meruit or implied contract for services rendered under champertous contract, 85 A.L.R. 1365.

Validity and effect of agreement between attorney and layman to divide attorney's fees or compensation for business of third person, 86 A.L.R. 195.

Right of attorney to recover for services performed under contract procured by solicitation, 86 A.L.R. 517.

Validity and effect of agreement by property owner, by bond or other contract, to pay assessment against property for local improvement, 86 A.L.R. 779; 127 A.L.R. 551; 167 A.L.R. 1030.

Contract to keep out of a particular business or not to use property for a specified purpose as an unlawful restraint of trade when independent of any other contract, 91 A.L.R. 980.

Right of one not a party to a combination or contract in restraint of trade to maintain a suit to enjoin the same or to recover damages he suffers by reason thereof, 92 A.L.R. 185.

Relation to, or nature of contract with, competitor which amounts to violation of covenant or injunction against engaging directly or indirectly in competing business, but not expressly prohibiting acceptance of employment from competitor, 93 A.L.R. 121.

Bond to indemnify public against expense of extradition or other criminal proceedings in event they are unsuccessful as contrary to public policy, 94 A.L.R. 355.

Validity of provision accelerating maturity of obligation as affected by rule against contract in restraint of trade, 96 A.L.R. 1130.

Agreement to indemnify one otherwise responsible for loss on unauthorized investment of infant's funds or trust funds as contrary to public policy, 103 A.L.R. 945.

Validity of guaranty, by bank officers or stockholders, of deposit, 103 A.L.R. 1032.

Right of manufacturer, producer, or wholesaler to control resale price, 103 A.L.R. 1331; 125 A.L.R. 1335; 125 A.L.R. 1335.

Law as to champerty or maintenance as applied to agreements with respect to bringing and prosecution of claims against government or agencies of government, 106 A.L.R. 1494.

Rights and remedies of parties to an otherwise valid contract as affected by intended use for improper ulterior purpose of the writing or document by which it is evidenced as distinguished from its subject matter, 114 A.L.R. 370.

Validity and construction of contract by labor unions to continue salary or wages in whole or part or pay benefits if other party loses employment or position because of joining union, 114 A.L.R. 1300; 125 A.L.R. 1260.

Rule that denies relief to party in pari delicto as applicable to transaction with a public officer or an official of the court, 116 A.L.R. 1018.

Suppression of will, or agreement for its suppression, as contrary to public policy or to statute in that regard, 117 A.L.R. 1249.

Validity of covenant by employee or seller of business not to enter employment of customers, clients, or patrons of the business, 119 A.L.R. 1452.

Legality of combination among building or construction contractors, 121 A.L.R. 345.

Contract in consideration of renunciation of one's status, or right to appointment, as guardian, executor, administrator, trustee, or other fiduciary, as contrary to public policy, 121 A.L.R. 677.

Life policy or collateral agreement under which benefits on death of one member of a group or class of policyholders who have no insurable interest in lives of one another are to be shared by surviving members, as contrary to public policy as a wagering contract, 121 A.L.R. 725.

Contract by one person to defend litigation that has been or may be instituted against another as champertous or maintenous, 121 A.L.R. 847.

Validity of note or other obligation given to prevent or discourage prosecution as affected by fact that criminal prosecution had already been commenced when obligation was given, 129 A.L.R. 1153.

Legality of combination among farmers, 130 A.L.R. 1326.

Validity of contract between governmental unit and attorney which makes compensation contingent upon results accomplished, 136 A.L.R. 116.

Judicial decisions involving ASCAP, 136 A.L.R. 1438.

Offense of barratry; criminal aspects of champerty and maintenance, 139 A.L.R. 620.

Who is nonprofessional or casual gambler within statute relating to recovery of gambling losses which in terms or by construction distinguishes between professional and nonprofessional or casual gamblers, 141 A.L.R. 941.

Validity of contract to influence administrative or executive officer or department, 148 A.L.R. 768.

Validity and enforceability of provision restricting competition after termination of employment in, or sale of, real-estate broker's business, 149 A.L.R. 633.

Validity and enforceability of negative restrictive covenant in contract for services as affected by fact that it was not included in original contract of employment but in a subsequent contract for continuance of employment, 152 A.L.R. 415.

Usury as affecting conditional sale contract, 152 A.L.R. 598.

Restrictive clause in employment or sales contract to prevent future competition or performance of services for others as affected by breach by party seeking to enforce it, of his own obligations under the contract, 155 A.L.R. 652.

Provisions of articles or bylaws of nonprofit corporation or association formed by business competitors whereby the amount of dues of respective members varies according to amount of business done by them, as contrary to public policy, 161 A.L.R. 795.

Operation of negative or restrictive covenant in contract of employment for a specific period, as extended by continuance in the employment after the expiration of that period, 163 A.L.R. 405.

Validity, construction, and application of guaranty of corporate stock, or dividends thereon, by one other than corporation, 170 A.L.R. 1171.

Rights and remedies in respect of property pledged for payment of gambling debt, 172 A.L.R. 701.

Enforceability, as between parties, of an executory agreement made in fraud of creditors, 172 A.L.R. 1121.

Construction and application of covenant restricting use of property to "residence" or "residential purposes,", 175 A.L.R. 1191.

Statutes prohibiting restraint on profession, trade, or business as applicable to restrictions in employment or agency contracts, 3 A.L.R.2d 522.

Obligations as between applicant for admission to charitable home, and home, respecting compensation to home, and property rights of applicant, 10 A.L.R.2d 864.

Validity and construction of provision for liquidated damages in contract with cooperative marketing association, 12 A.L.R.2d 130.

Enforceability as between the parties of agreement to purchase property at judicial or tax sale for their joint benefit, 14 A.L.R.2d 1267.

Assignment of, or succession to, statutory right of action for recovery of money lost at gambling, 18 A.L.R.2d 999.

Restrictive agreements or covenants in respect of purchase or handling of petroleum products by operator of filling station, 26 A.L.R.2d 219.

Validity and effect of promise not to make a will, 32 A.L.R.2d 370.

Validity of agreement by veteran purchasing property under loan guaranty to hold property on trust and the like for another furnishing the consideration, 33 A.L.R.2d 1285.

Enforceability of restrictive covenant, ancillary to employment contract, as affected by duration of restriction, 41 A.L.R.2d 15.

Validity and enforceability of agreement to drop or compromise will contest or withdraw objections to probate, or of agreement to induce others to do so, 42 A.L.R.2d 1319.

Enforceability of restrictive covenant, ancillary to employment contract, as affected by territorial extent of restriction, 43 A.L.R.2d 94.

Enforceability of covenant against competition, ancillary to sale or other transfer of business, practice, or property, as affected by duration of restriction, 45 A.L.R.2d 77; 13 A.L.R.4th 661.

Validity and effect of agreement controlling the vote of corporate stock, 45 A.L.R.2d 799.

Enforceability of covenant against competition, ancillary to sale or other transfer of business, practice, or property, as affected by territorial extent of restriction, 46 A.L.R.2d 119.

Court rules limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 77 A.L.R.2d 411.

Validity of contractual stipulation or provision waiving debtor's exemption, 94 A.L.R.2d 967.

Validity, construction, and effect of lessor's covenant against use of his other property in competition with the lessee-covenantee, 97 A.L.R.2d 4.

Attorney's recovery in quantum meruit for legal services rendered under a contract which is illegal or void as against public policy, 100 A.L.R.2d 1378.

Rendering financial or other assistance to another as breach of covenant not to compete, 1 A.L.R.3d 778.

Validity and construction of contract exempting hospital or doctrine from liability for negligence to patient, 6 A.L.R.3d 704.

Validity and construction of statute regulating dealings between automobile manufacturers, distributors, and dealers, 7 A.L.R.3d 1173.

Validity and propriety of arrangement by which attorney pays or advances expenses of client, 8 A.L.R.3d 1155.

Validity, enforceability, and effect of provision in seamen's employment contract stipulating the maximum recovery for scheduled personal injuries, 9 A.L.R.3d 417.

Validity, construction, and effect of agreement, in connection with real-estate lease or license by railroad, for exemption from liability or for indemnification by lessee or licensee, for consequences of railroad's own negligence, 14 A.L.R.3d 446.

Enforceability of transaction entered into pursuant to referral sales arrangement, 14 A.L.R.3d 1420.

Validity, construction, and effect of provision of lease exempting landlord or tenant from liability on account of fire, 15 A.L.R.3d 786.

Covenant restricting use of land, made for purpose of guarding against competition, as running with land, 25 A.L.R.3d 897.

Employee's duty, in absence of express contract, not to disclose or use in new employment special skills or techniques acquired in earlier employment, 30 A.L.R.3d 631.

Waiver of right to widow's allowance by antenuptial agreement, 30 A.L.R.3d 858.

Zoning or other public restrictions on the use of property as affecting rights and remedies of parties to contract for the sale thereof, 39 A.L.R.3d 362.

Validity, in contract for installment sale of consumer goods, or commercial paper given in connection therewith, of provision waiving, as against assignee, defenses good against seller, 39 A.L.R.3d 518.

Validity and construction of prescription drug insurance plans, 42 A.L.R.3d 897.

Validity and construction of state and municipal enactments regulating lobbying, 42 A.L.R.3d 1046.

Recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.

Validity and construction of restrictive covenant controlling architectural style of buildings to be erected on property, 47 A.L.R.3d 1232.

Validity of exculpatory clause in lease exempting lessor from liability, 49 A.L.R.3d 321.

Validity and construction of restrictive covenant not to compete ancillary to franchise agreement, 50 A.L.R.3d 746.

Sufficiency of consideration for employee's covenant not to compete, entered into after inception of employment, 51 A.L.R.3d 825.

Validity of pyramid distribution plan, 54 A.L.R.3d 217.

Insurable interest of brother or sister in life of sibling, 60 A.L.R.3d 98.

Validity and construction of provision (escalator clause) in land contract or mortgage that rate of interest payable shall increase if legal rate is raised, 60 A.L.R.3d 473.

Enforceability, insofar as restrictions would be unreasonable, of contract containing unreasonable restrictions on competition, 61 A.L.R.3d 397.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to sale of practice, 62 A.L.R.3d 918.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to partnership agreement, 62 A.L.R.3d 970.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to employment agreement, 62 A.L.R.3d 1014.

Liability of subcontractor upon bond or other agreement indemnifying general contractor against liability for damage to person or property, 68 A.L.R.3d 7.

Validity and construction of contract exempting agricultural fair or similar bailee from liability for articles delivered for exhibition, 69 A.L.R.3d 1025.

Validity and construction of "no damage" clause with respect to delay in building or construction contract, 74 A.L.R.3d 187.

Validity and construction of contract between hospital and physician providing for exclusive medical services, 74 A.L.R.3d 1268.

Application of state antitrust laws to athletic leagues or associations, 85 A.L.R.3d 970.

Doctrine of unconscionability as applied to insurance contracts, 86 A.L.R.3d 862.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

Validity of release of prospective right to wrongful death action, 92 A.L.R.3d 1232.

What constitutes contract between husband or wife and third person promotive of divorce or separation, 93 A.L.R.3d 523.

Liability for interference with invalid or unenforceable contracts, 96 A.L.R.3d 1294.

Restrictive covenants as to height of structures or buildings, 1 A.L.R.4th 1021.

Validity and construction of contractual restriction on right of accountant to practice, incident to sale of practice or withdrawal from accountancy partnership, 13 A.L.R.4th 661.

Validity and effect of stipulation in contract to effect that it shall be governed by law of particular state which is neither place where contract is made nor place where it is to be performed, 16 A.L.R.4th 967.

Validity of contractual provision limiting place or court in which action may be brought, 31 A.L.R.4th 404.

Enforceability of covenant not to compete involving radio or television personality, 36 A.L.R.4th 1139.

Propriety, under state law, of manufacturer's or supplier's refusal to sell medical product to individual physician, hospital, or clinic, 45 A.L.R.4th 1006.

Covenants to reimburse former employer for lost business, 52 A.L.R.4th 139.

Modern status of view as to validity of premarital agreements contemplating divorce or separation, 53 A.L.R.4th 22.

Enforceability of premarital agreements governing support or property rights upon divorce or separation as affected by fairness or adequacy of those terms - modern cases, 53 A.L.R.4th 161.

Enforceability of sale-of-business agreement not to compete against nonsigner or nonowning signer, 60 A.L.R.4th 294.

Anticompetitive covenants: aerial spray dust business, 60 A.L.R.4th 965.

Validity, construction, and application of state statutes regulating dealings between automobile manufacturers, dealers, and franchisees, 82 A.L.R.4th 624.

Enforceability, by purchaser or successor of business, of covenant not to compete entered into by predecessor and its employees, 12 A.L.R.5th 847.

"Unconscionability," under UCC § 2-302, of bank's letter of credit or other financing arrangements, 15 A.L.R.5th 365.

Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 A.L.R.5th 513.

Illegality as basis for denying remedy of specific performance for breach of contract, 58 A.L.R.5th 387.

Who is "automobile manufacturer" for purposes of the Automobile Dealers Day in Court Act (15 USCS secs. 1221 et seq.), 51 A.L.R. Fed. 812.

Vertical restraints on sales territory or location as violative of § 1 of Sherman Act (15 USC § 1) - post-GTE Sylvania cases, 92 A.L.R. Fed. 436.

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