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Illegality and Public Policy 5th ed (Book & eBook Pack)


ISBN13: 9780414081413
Published: September 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Price: Out of print
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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, eBooks
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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Frustration and Force Majeure 4th ed (eBook) ISBN 9780414098589
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Frustration and Force Majeure 4th ed ISBN 9780414098558
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
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Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Illegality and Public Policy 5th ed ISBN 9780414078482
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Sweet & Maxwell Ltd
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Sweet & Maxwell Ltd
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
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Sweet & Maxwell Ltd
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The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
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Sweet & Maxwell Ltd
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Sweet & Maxwell Ltd
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Sweet & Maxwell Ltd
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Publication Abandoned