Effects of Illegality in English Contract Law مقاله

خلاصه ماشینی:

In the present text, after stating the general rule in dealing with illegal contracts is the non-recognition of them in courts, the author refers to the problems that this rule has created in terms of the loss of individuals' rights and unjust enrichment, and then proceeds to analyze judicial precedent in providing solutions to these problems based on new theories such as public policy and expediency, and finally concludes that contractual illegality should not cause the court to absolutely ignore the relationships created by that contract, but rather, in different cases, distinctions should be made and, based on the origin of the illegality and its degree of importance, a separation should be made between the various components and effects of the contract. The plaintiff was unable to prosecute the defendant regarding the contract due to the failure to provide the necessary permits, but the court ruled that they could claim the equivalent of the work they had performed; because the defendant had breached his contractual obligation, based on the fact that he would obtain the necessary permits (1). " The majority, by accepting this proposal and applying it in the above case, ruled that the defendant could claim his right, because he had not relied on the illegality of the contract in order to prove his equitable interest. In the Tinsley case, Lord Goff1 refused to accept such a criterion and stated that this task "is, if not completely, then to some extent more difficult than saying the court should consider expediency, whether the result is awarding damages or not".