This text sets out fully and clearly the law relating to illegality, public policy, and restraint of trade in the context of contracts. Offering practical examples of situations in which illegality issues may arise and outlining possible solutions, the book also explores possible reforms of the law in the UK and Commonwealth jurisdictions aimed at overcoming its perceived uncertainty and rigidity.
Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.
Distinguishes between ‘statutory illegality’ and illegality derived from common law.
Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
Looks at the nature and scope of the doctrine of public policy
Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest.
Sets out the availability of restitutionary relief in cases of contract illegality
Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions.
Highlights potential arguments for challenging and examining contracts.
Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests.
Provides hypothetical examples of illegal situations and suggests possible approaches to the resolution of disputes
New to the 5th edition
The seminal 2016 decision of the Supreme Court in Patel v Mirza is analyzed and discussed throughout the book.
Notable decisions on illegality since the last edition, which also help to clarify the effects of Patel v Mirza, include Stoffel & Co v Grondona on mortgage fraud, Rashid v Nasrullah on adverse possession, Okedina v Chikale on immigration and employment law, and Gujra v Roath on conspiracy.
The very significant decision of the Supreme Court in Tillman v Egon Zehnder on the construction and severance of restraint of trade clauses is fully considered.
As well as analyzing key UK decisions, the book addresses the latest and most important Commonwealth decision
TABLE OF CONTENTS
General Introduction Part One Contravening the law;
1 Crime, tort, and statutory illegality;
2 Implied prohibition of contracts;
3 Unlawful performance;
4 Knowledge and participation;
5 Indemnity and forfeiture;
Part Two Public Policy;
Part Three Restraint of Trade;
Part Four Relief from the consequences;
Part Five Reform;
Part Six Cases and comments;