Paralegal Exam Prep

Category - Contracts

Brian and Bradley are art thieves. Together they steal artwork from stores, museums, and private residences. They have an oral agreement to evenly split money they receive from selling the stolen art. Without telling Bradley, Brian sold a painting for $5,000. He did not give Bradley any of the money. Brian discovered the transaction and based on their agreement, demanded $2,500. Can Bradley successfully sue Brian?
  1. Yes. Brian breached the contract.
  2. No. The contract is not enforceable, as it is against public policy.
  3. No. The contract is subject to the State of Frauds and should have been in writing.
  4. No, because Bradley would have to admit to the crimes related to stealing the art.
  5. Yes, but only if Bradley can show that there had been no changes to the terms to their agreement.
Explanation
Answer: B. No. Bradley cannot successfully sue Brian because the contract is not enforceable, as it is against public policy. A contract is illegal if it violates the law or public policy. A court will not step in and enforce a contract that is illegal.
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