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A new edition has been published, the details can be seen here:
Illegality and Public Policy 6th ed isbn 9780414114470

Illegality and Public Policy 5th ed


ISBN13: 9780414078482
New Edition ISBN: 9780414114470
Previous Edition ISBN: 9780414059443
Published: September 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print




Also available as
£282.00

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 5th edition
  • The seminal 2016 decision of the Supreme Court in Patel v Mirza is analysed and discussed throughout the book.
  • Notable decisions on illegality since the last edition, which also help to clarify the effects of Patel v Mirza, include Stoffel & Co v Grondona on mortgage fraud, Rashid v Nasrullah on adverse possession, Okedina v
  • Chikale on immigration and employment law, and Gujra v Roath on conspiracy.
  • The very significant decision of the Supreme Court in Tillman v Egon Zehnder on the construction and severance of restraint of trade clauses is fully considered.
  • As well as analysing key UK decisions, the book addresses the latest and most important Commonwealth decisions

Subjects:
Contract Law
Contents:
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. 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

Series: Contract Law Library

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Illegality and Public Policy 6th ed (eBook) ISBN 9780414114494
Published September 2023
Sweet & Maxwell Ltd
£269.00
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Illegality and Public Policy 6th ed ISBN 9780414114470
Published September 2023
Sweet & Maxwell Ltd
£269.00
Illegality and Public Policy 6th ed (Book & eBook Pack) ISBN 9780414114487
Published September 2023
Sweet & Maxwell Ltd
£349.00
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Estoppel by Conduct and Election 3rd ed ISBN 9780414114005
Published June 2023
Sweet & Maxwell Ltd
£269.00
Estoppel by Conduct and Election 3rd ed (Book & eBook Pack) ISBN 9780414114012
Published June 2023
Sweet & Maxwell Ltd
£349.00
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Estoppel by Conduct and Election 3rd ed (eBook) ISBN 9780414114029
Published June 2023
Sweet & Maxwell Ltd
£269.00
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Duress, Undue Influence and Unconscionable Dealings 4th ed (eBook) ISBN 9780414110588
Published May 2023
Sweet & Maxwell Ltd
£302.00
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Duress, Undue Influence and Unconscionable Dealings 4th ed ISBN 9780414110557
Published May 2023
Sweet & Maxwell Ltd
£302.00
£392.00
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Damages for Breach of Contract 2nd ed (Book & eBook Pack) ISBN 9780414110885
Published November 2022
Sweet & Maxwell Ltd
£365.00
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Damages for Breach of Contract 2nd ed (eBook) ISBN 9780414110892
Published November 2022
Sweet & Maxwell Ltd
£281.00
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Damages for Breach of Contract 2nd ed ISBN 9780414110878
Published November 2022
Sweet & Maxwell Ltd
£281.00
Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack) ISBN 9780414089242
Published August 2022
Sweet & Maxwell Ltd
£474.00
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Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook) ISBN 9780414089259
Published August 2022
Sweet & Maxwell Ltd
£365.00
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Misrepresentation, Mistake and Non-Disclosure 6th ed ISBN 9780414089235
Published August 2022
Sweet & Maxwell Ltd
£365.00
Frustration and Force Majeure 4th ed ISBN 9780414098558
Published December 2021
Sweet & Maxwell Ltd
£332.00
Frustration and Force Majeure 4th ed (Book & eBook Pack) ISBN 9780414098572
Published December 2021
Sweet & Maxwell Ltd
£433.00
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Frustration and Force Majeure 4th ed (eBook) ISBN 9780414098589
Published December 2021
Sweet & Maxwell Ltd
£332.00
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
Published January 2021
Sweet & Maxwell Ltd
£366.00
Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
Published January 2021
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 5th ed (Book & eBook Pack) ISBN 9780414081413
Published September 2020
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
Published September 2020
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
Published November 2019
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Out of print
£269.00
(ProView)
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned