That which is contrary to law. 2. There are two kinds of contracts which are unlawful; those which are void, and those which are not. When the law expressly prohibits the transaction in respect of which the agreement is entered into and declares it to be void, it is absolutely so. But when it is merely prohibited, without being made void, although unlawful, it is not void. See illegal.
Law Dictionary – Alternative Legal Definition
That which is contrary to law. “Unlawful” and “Illegal” are frequently used as synonymous terms, but, in the proper sense of the word, “unlawful,” as applied to promises, agreements, considerations, and the like, denotes that they are ineffectual in law because they involve acts which, al-though not Illegal, i e., positively forbidden, are disapproved of by the law, and are there-fore not recognised as the ground of legal rights, either because they are immoral or because they are against public policy. It is on this ground that contracts in restraint of marriage or of trade are generally void. Unlawful assembly. At common law. The meeting together of three or more persons, to the disturbance of the public peace, and with the intention of cooperating in the forcible and violent execution of some unlawful private enterprise.’ If they take steps towards the performance of their purpose, it becomes a rout; and, if they put their design into actual execution, it is a riot 4 Bl. Comm. 146. Any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the subjects of the realm. 4 Steph. Comm. 254. Unlawful detainer. The unjustifiable retention of the possession of lands by one whose original entry was lawful and of right, but whose right to the possession bas terminated and who refuses to quit, as in the case of a tenant holding over after the termination of the lease and in spite of a demand for possession by the landiord. Where an entry upon lands is unlawful, whether forcible or not, and the subsequent conduct is forcible and tortious, the offense committed is a “forcible entry and detainer;” but where the original entry is lawful, and the subsequent holding forcible and tortious, the offense is an “unlawful detainer” only. Pullen v. Boney, 4 N. J. Law, 129. Unlawful entry. An entry upon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong.