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 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.
- 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 illegality situations and suggests possible approaches to the resolution of disputes
New to the 4th edition
- The seminal decision on illegality, Patel v Mirza, handed down by the Supreme Court in July 2016 is fully discussed and is at the heart of the many changes to this new edition.
- Further significant decisions of the Supreme Court in the area of illegality delivered in the last three year are addressed: Hounga v Allen; Les Laboratoires Servier v Apotex; Bilta (UK) v Nazir
- Over 30 reported decisions dealing with the enforceability or otherwise of restrictive covenants are considered
- As well as analysing key UK decisions, the book addresses the latest and most important Commonwealth decisions