contracts mala prohibita

Contracts which are not absolutely void in all instances because the acts to be performed thereunder are prohibited by statute, but are void or voidable according to the nature and effect of the act prohibited. 17 Am J2d Contr § 167. It is to be noted, however, that substantial authority supports the elimination of distinction based upon theories playing upon the terms "mala in se" and "mala prohibita. 17 Am J2d Contr § 167.