Question

An illegal drug manufacturer and an illegal drug dealer enter into an oral contract in which the manufacturer will sell the drugs to the drug dealer for a set price. The manufacturer changes his mind and sells his product to another dealer. Could the dealer enforce the oral contract? Why or why not

Answer 1

No, there is no breach of a contract. Because there is no valid contract happened in this case. There is no contract enforcing in this case as the contract is void ab initio.


There is a common assumption that if one party offered and other party accepted then they entered into a contract. Although there is more essentials to form a valid contract.
A contract without offer, acceptance, consideration, intention to create legal relations, legality and capacity, certainty are considered as a void contract and it has no enforceability.

In this case there was an oral contract with the illegal manufacturer and illegal drug dealer to sell the drug on a fixed price. But the contract is invalid from the beginning because the contract was made for a illegal purpose. Legality was absent in this contract.

An oral contract can be claimed in some cases but not in this case. Here the contract itself was void and a person cannot enforce or claim for a void contract.


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