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Illegality and Public Policy

Illegality and Public Policy
6h Edition
Series:  Contract Law Library
Practice Area:  Commercial Law, Contract Law
ISBN:  9780414114470
Published by:  Sweet & Maxwell
Publication Date:  25 Sep 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Professor Buckley’s work, Illegality and Public Policy, 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 uncertainly and rigidity.

Key Features

  • 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.
  • Provides full coverage and analysis of the more transparent approach recently developed by the Supreme Court in England.
  • 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.
  • Explains the scope of the doctrine of severance.
  • Sets out the availability of restitutionary relief in cases of contract illegality
  • Explores UK and Commonwealth case law and 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 illegality situations and suggests possible approaches to the resolution of disputes

New to the 6th edition

  • The far-reaching 2016 decision of the Supreme Court in Patel v Mirza is analysed and discussed throughout the book.
  • Significant recent Supreme Court decisions on the scope of the illegality defence, especially Stoffel & Co v Grondona and Henderson v Dorset Healthcare University NHS Trust, are dealt with.
  • Key cases on restraint of trade, such as Harcus Sinclair LLP v Your Lawyers Ltd in the Supreme Court and Dwyer (UK Franchising) v Fredbar in the Court of Appeal, are set out.
  • IlIegality issues arising in unfair dismissal and litigation funding, in cases such as Robinson v Al-Qasimi and Farrar v Candey, are covered.

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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; 
  • 6 Policy and morality; 
  • 7 Fraud and corruption; 
  • 8 Compromising the legal process; 
  • 9 Maintenance and champerty; 
  • 10 Peace and war; 
Part Three Restraint of Trade; 
  • 11 Nature of the doctrine; 
  • 12 Frontiers of protection; 
  • 13 Construction and scope of covenants; 
  • 14 Customers, rivals and the professions; 
  • 15 Oppression, repudiation and interim injunctions; 
Part Four Relief from the consequences; 
  • 16 The enforceability of proprietary interests; 
  • 17 Illegality and restitution; 
  • 18 Undoing the Transaction; 
  • 19 The doctrine of severance; 
Part Five Reform; 
  • 20 The New Zealand Illegal Contracts Act 1970; 
  • 21 Reform proposals in Commonwealth jurisdictions; 
Part Six Cases and comments; 
  • 22 Hypothetical situations involving illegality


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