Illegality and Public Policy
Illegality and Public Policy is an invaluable text in clarifying the complexities surrounding the law relating to illegality, public policy and restraint of trade.
It comprehensively addresses issues of criminal and civil law, consequences of illegality, and reform in the UK and Commonwealth. Practical examples are given to encourage creative solutions to disputes, making this a must-have text.
- Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.
- Provides hypothetical examples of illegality and suggests possible approaches to dispute resolution to give practical guidance on an elusive subject.
- 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 by analysing contracts affected by fraud, issues of integrity of the legal process, and the application of public policy to cases with an international element.
- Covers the need to distinguish between an agreement and the surrounding circumstances when ascribing degrees of responsibility for any illegality to the parties involved.
- 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.
- Includes commentary on the statutory prohibition of contracts.
- Discusses the effect of criminal activity under the enforceability of a contract.
- Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests.
- Analysis of the Law Com No.320 report regarding the illegality defence.
- 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  SGCA 28 in the Singapore Court of Appeal
- Contract Law
- 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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