When a party does not have a legally-required license to practice her profession,can a party who enters into this contract avoid payment to the professional under the contract?
A) no, the contractual obligation is unaffected by the lack of the required license
B) no if the licensing requirement is designed to raise revenue, but yes if it is designed to protect the public from unqualified practitioners of the profession
C) yes if the licensing requirement is designed to raise revenue, but no if it is designed to protect the public from unqualified practitioners of the profession
D) yes, regardless of the purpose of the licensing statute
E) yes, in any circumstance where the client was unaware that the professional was lacking the required license

Question

Quizplus · Accepted Answer

If the licensing requirement is designed to protect the public from unqualified practitioners, then the contract may be unenforceable and the client may be able to avoid payment. However, if the licensing requirement is only designed to raise revenue, then the lack of a license does not necessarily invalidate the contract and the client would still be obligated to pay.

When a Party Does Not Have a Legally-Required License to Practice