Illegality and Public Policy


Illegality and Public Policy

Author Richard A. Buckley
Publication Date 2017
ISBN 9780414028395
Format Hardcover
Publisher Sweet & Maxwell


Illegality and Public Policy is a helpful resource for understanding the complexity of the law concerning illegality, public policy, and trade constraint.

It covers all aspects of criminal and civil law, as well as the implications of illegality and reform in the United Kingdom and the Commonwealth. This is a must-have work since it provides practical examples to inspire creative conflict resolution.

Key features of Illegality and Public Policy:-

  • The legislation pertaining to illegality and public policy in contracts, as well as the potential repercussions of such agreements, is made clear.
  • To provide practical help on an elusive issue, this book provides hypothetical examples of illegality and recommends various routes to dispute settlement.
  • Distinguishes between statutory and common-law criminality.
  • Considers claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011, as well as other concerns resulting from the link between criminal and civil law.
  • Analyzes contracts involving fraud, questions of legal process integrity, and the application of public policy to cases with an international aspect to examine the essence and extent of the theory of public policy.
  • Covers the importance of distinguishing between a contract and the conditions that surround it.
  • When assigning degrees of blame for any wrongdoing to the people involved, it is necessary to distinguish between an agreement and the surrounding circumstances.
  • The idea of trade restriction and the dichotomy between public and private interests are examined in depth.
  • Sets forth when restitutionary remedies is available in circumstances of contract infringement.
  • Examines case law from the United Kingdom and the Commonwealth, as well as recent reforms in these countries.
  • Potential grounds for contesting and analysing contracts are highlighted.
  • The legislative prohibition of contracts is discussed in detail.
  • The impact of criminal action on the enforceability of a contract is discussed.
  • Deals with the transfer of property under unenforceable contracts and the issues that might arise when restricted interests are transferred.
  • The report of Law Com No.320 on the illegality defence is examined.

The 4th edition of Illegality and Public Policy:-

  • Addresses the highly significant and wide-ranging discussions of illegality in relevant recent Supreme Court cases
  • Comprehensively updates the latest High Court and Court of Appeal decisions
  • Offers updated analysis of the rapidly developing area of restraint of trade, with over 30 reported decisions on this issue in the past couple of years
  • Addresses the latest and most important Commonwealth decisions, such as Ting Siew May v Boon Lay Choo [2014] SGCA 28 in the Singapore Court of Appeal

TABLE OF CONTENTS of Illegality and Public Policy

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. Repentance and protection
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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ISBN: 9780414028395

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