This chapter explores the illegality of contracts. Contracts which may fall within the scope of the restraint of trade doctrine are considered, including the Court of Appeal’s approach in Proactive Sports Management Ltd v Rooney. The chapter also looks at other reasons why a contract may be declared illegal or void at common law, such as grounds of public policy. Policy factors and the illegality defence are explored in light of recent case law and the Law Commission Final Report ‘The Illegality Defence’. Useful case law illustrations demonstrate how the courts have dealt with the issues surrounding illegality in a range of contexts, such as contracts to commit an unlawful act, contracts promoting sexual immorality, contracts prejudicial to the interests of the state, contracts prejudicial to the administration of justice, and contracts promoting corruption in public life. The rules on severance in light of the Supreme Court decision in Tillman v Egon Zehnder (2019) and subsequent case law are also considered. The consequences and effects of impropriety and illegality are also looked at. The landmark case of Patel v Mirza [2016] UKSC 42, and its impact on the law, is also explored in this chapter.
Chapter
15. Illegality
Chapter
7. Defences to Negligence
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores three defences to negligence which are also defences to other torts: volenti non fit injuria or willing assumption of risk, the illegality defence (also known as ex turpi causa), and contributory negligence. In relation to contributory negligence, the chapter considers responsibility, which involves questions both of causal influence and of fault, before turning to a discussion of apportionment of responsibility between the parties, and proportionality. In relation to illegality, recent decisions of the Supreme Court are examined. Relevant provisions of the Law Reform (Contributory Negligence) Act 1945 are extracted, together with further extracts from significant cases.
