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HomeCivil CodeDiv. 3Pt. 2Ch. 5§ 1608 Unlawful Contract Consideration Void

§ 1608 Unlawful Contract Consideration Void

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1608 Unlawful Contract Consideration Void

This law says that if any part of a contract's price or payment is illegal, the whole contract is considered invalid and cannot be enforced.

Key Takeaways

  • •If any part of the payment or consideration is illegal, the whole contract is void.
  • •The law applies to both single payments for multiple items and multiple payments for a single item.
  • •A contract cannot be partially enforced when its consideration is tainted by illegality.

Example

A person hires a contractor to fix their house, but the contractor includes a hidden fee for using illegal materials.

Because the payment includes an illegal part, the entire agreement between the homeowner and contractor is void, so neither side can enforce the contract.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1608 Unlawful Contract Consideration Void

If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

considerationunlawfulcontractvoid

Related Statutes

  • § 1607 Lawful Contract Consideration
  • § 1611 Contract Consideration Determination
  • § 1612 Void Contracts Impossible Terms
  • § 1599 Partial Contract Validity
  • § 1227 Fraudulent Real Property Transfers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1608.
View Official Source