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Illegal Transactions

ISBN13: 9781859788745
ISBN: 1859788742
Published: July 1998
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: £200.00

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Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction?

Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct.

The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.

Contract Law
Part 1 The defence of illegality:
title claims - legal title
title claims - equitable title
title claims -purchaser for value.

Part 2 The forfeiture rule:
benefits acquired from crime
benefits acquired through a breach of fiduciary rule
benefits acquired from a breach of confidence
benefits acquired through a tort
benefits acquired through a breach of contract.

Part 3 General exceptions:
claimant is innocent
claimant is not in pari delicto
where the illegality is only a minor transgression
damages for fraud, breach of warranty or negligence
locus poenitentiae
policy of the invalidating rule
non exceptions.