Legal Question in Business Law in Florida

contract for services?

i have a friend who wants to buy me breast implants in exchange for a set agreement for sexual favors. can this be done?


Asked on 6/07/07, 7:38 pm

2 Answers from Attorneys

Johm Smith tom's

Re: contract for services?

Mr. Jay has answered well. Maybe we had the same contracts professor in law school.

Your situation is similar to a gambling agreement. Generally, for public policy reasons, if the debtor pays a gambling debt, a court won't help him get his money back. But a court also won't enforce the contract and make the debtor pay. So unless your friend employs leg breakers, the worst I can imagine happening is you on court TV arguing that you should not have to pay your friend because you had performed your obligations under the contract. Unless it is filmed (which is almost never a good idea), who's to say you did or didn't perform your obligations.

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Answered on 6/08/07, 11:08 am
Scott R. Jay Law Offices of Scott R. Jay

Re: contract for services?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is an interesting question. A contract between two adults is generally enforceable. If both parties intend to honor the contract and do, then should be no problem. I am not sure how you or your friend intend to word the agreement that might allow it to be considered a valid contract or agreement.

If you choose not to honor it, however, I am not sure that the friend will be able to enforce it in a court of law. The general rule is that an illegal contract will not be enforced by a court. Inasmuch as Florida does not allow compensation for sexual favors, it would probably be considered an illegal contract and a court would refuse to make any ruling or determine it to be unenforceable.

Scott R. Jay, Esq.

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Answered on 6/07/07, 7:48 pm


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