Illegality and Public Policy, 6th Edition | 2023*

Illegality and Public Policy, 6th Edition | 2023*

This book delivers a comprehensive and accessible explanation of the legal principles surrounding illegality, public policy, and restraint of trade in contract law. It uses practical examples to illustrate how these issues may arise in real-world situations and offers potential legal solutions. The book also examines ongoing reform efforts in the UK and other Commonwealth countries aimed at improving clarity and flexibility in this complex area.

Key Highlights of Illegality and Public Policy, 6th Edition:

• Offers clear guidance on the complicated legal rules relating to illegal or policy-contravening contracts, and the consequences that may follow.

• Differentiates between statutory illegality (breaches of legislation) and common law illegality (violations of public policy or morality).

• Analyses the more structured and transparent approach recently adopted by the UK Supreme Court.

• Discusses how criminal law can affect civil claims, including issues like the forfeiture rule and the impact of the Estates of Deceased Persons Act 2011.

• Explores the doctrine of public policy, its definition, scope, and role in invalidating contracts.

• Provides an in-depth look at restraint of trade, highlighting the distinction between private and public interests.

• Clarifies the concept and application of the doctrine of severance, where part of a contract may be removed to preserve the rest.

• Examines when restitution (return of benefits) may be available in cases involving illegal contracts.

• Reviews case law and reform proposals across the UK and Commonwealth jurisdictions.

• Suggests potential legal arguments for challenging or upholding contracts affected by illegality.

• Addresses problems related to property transfer under contracts deemed unenforceable, especially where limited interests are involved.

• Includes hypothetical scenarios to demonstrate how courts might handle various forms of illegality and suggests practical solutions to these disputes.

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