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(p. 409) 11. Illegality 

(p. 409) 11. Illegality
(p. 409) 11. Illegality

Jack Beatson

, Andrew Burrows

, and John Cartwright

Page of

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date: 19 April 2021

This chapter considers the circumstances in which contracts are ‘illegal’. Illegality is an extremely complex subject and its effects vary greatly. Illegal objects may range from those tainted with gross moral turpitude, e.g. murder, to those where the harm to be avoided is relatively small, e.g. breach of licensing requirements or cases in which a person commits an unlawful act in order to escape danger to his or her life or the life of a third party. The discussion covers statutory illegality, illegality at common law, common law and statutory control of anti-competitive agreements, the effect of illegality, and severance.

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