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Illegality and Public Policy 6th ed


ISBN13: 9780414114470
Previous Edition ISBN: 9780414078482
Published: September 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £269.00



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Professor Buckley’s book, Illegality and Public Policy, 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.
  • Provides full coverage and analysis of the more transparent approach recently developed by the Supreme Court in England.
  • 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.
  • Explains the scope of the doctrine of severance.
  • Sets out the availability of restitutionary relief in cases of contract illegality
  • Explores UK and Commonwealth case law and 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 6th edition

  • The far-reaching 2016 decision of the Supreme Court in Patel v Mirza is analysed and discussed throughout the book.
  • Significant recent Supreme Court decisions on the scope of the illegality defence, especially Stoffel & Co v Grondona and Henderson v Dorset Healthcare University NHS Trust, are dealt with.
  • Key cases on restraint of trade, such as Harcus Sinclair LLP v Your Lawyers Ltd in the Supreme Court and Dwyer (UK Franchising) v Fredbar in the Court of Appeal, are set out.
  • Illegality issues arising in unfair dismissal and litigation funding, in cases such as Robinson v Al-Qasimi and Farrar v Candey, are covered.

Subjects:
Contract Law, Commercial Law
Contents:
General Introduction

Part 1: 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 2: Public Policy;
6. Policy and morality;
7. Fraud and corruption;
8. Compromising the legal process;
9. Maintenance and champerty;
10. Peace and war;

Part 3: 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 4: Relief from the consequences;
16. The enforceability of proprietary interests;
17. Illegality and restitution;
18. Undoing the Transaction;
19. The doctrine of severance;

Part 5: Reform;
20. The New Zealand Illegal Contracts Act 1970;
21. Reform proposals in Commonwealth jurisdictions

Part 6: Cases and comments;
22. Hypothetical situations involving illegality

Series: Contract Law Library

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Misrepresentation, Mistake and Non-Disclosure 6th ed ISBN 9780414089235
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Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack) ISBN 9780414089242
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
Published January 2021
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Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Sweet & Maxwell Ltd
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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 (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
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
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Published December 2018
Sweet & Maxwell Ltd
Out of print
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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)
Buy
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
£110.00
(Second Hand)
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned