An agreement is illegal when either its formation or performance is a crime or a tort, or
it is contrary to public policy.
In a residential lease, it is commonly held that there is an implied warranty of
habitability.
Sondra realized on Tuesday that she had dropped her bank EFT card after using it at an
automatic teller machine. She telephoned the bank on the following Monday to notify it
of the loss. By that time, someone had used the card to withdraw $800 from Sondra’s
account. The bank said it would cover $300 of that amount. Sondra sued for the full
amount, claiming that she had exercised reasonable care in reporting the loss, especially
because the card was lost on bank premises. Will she be able to recover the full $800?