Selling Sex: Analyzing the Improper Use Defense to Contract Enforcement through the Lens of Carroll v. Beardon

The Supreme Court of Montana's, three-page opinion in Carroll v. Beardon is a treasure for those who teach first-year law students. Its deceptive simplicity is a lesson in close reading. It provides scholars and teachers endless opportunities to explore the cultural context within which courts operate and construct case narratives. Its humorous tone additionally belies a serious failure by the court to provide a fair and impartial resolution of the parties' dispute and to create useful precedent for future courts and litigants.

The decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and criminal laws related to intimate sexual relationships, particularly in the context of the public policy defense to contract enforcement.