n3 By this we mean that the court must consider what the Restatement (Second) of Contracts terms "the strength of that policy as manifested by legislation or judicial decisions." Restatement (Second) of Contracts § 178(3)(a) (1979). Because there is no explicit legislative, judicial, or constitutional prohibition, the court must consider the implicit declarations of public policy manifested by the declarations that do exist. The Restatement (Second) of Contracts § 178 contains a balancing test that is similar to our five point balancing test.