The new edition of Illegality and Public Policy builds on the strengths of its predecessors in its comprehensiveness, extensive case reference and coverage of the allied area of Restraint of Trade. It also offers fresh coverage of Illegality in employment contracts, extensive coverage of up-to-date work by the Law Commission in this field, and worked examples to illustrate the complexities of the field. The book sets out the law relating to illegality and public policy in the context of contracts and the possible undesirable consequences which an agreement may have for society at large.
Introduction; Crime, Tort and Statutory Illegality; Implied Prohibition of Contracts; Unlawful Performance; Knowledge and Participation; Indemnity and Forfeiture; Policy and Morality; Fraud and Corruption; Compromising the Legal Process; Maintenance and Champerty; Peace and War; Nature of the Doctrine; Frontiers of Protection; Construction and Scope of Covenants; Customers, Rivals and the Professions; Oppression, Repudiation and Interim Injunctions; The Enforceability of Proprietary Interests; Illegality and Restitution; Repentance and Protection; The Doctrine of Severance; The New Zealand Illegal Contracts 1970; Reform Proposals in Commonwealth Jurisdictions; Hypothetical Situations involving Illegality.
The book deals with new authorities and decisions including: - The Estate of Dead Persons Act 2011 - Nayyar v Denton Wilde Sapte  EWHC 3218 - Coulson v News Group Newspapers  EWHC 3482 and Mulcaire v News Group Newspapers  EWHC 3469 - Simpson v Norfolk & Norwich University Hospital Trust  EWCA Civ 1149 - Westlaw Services v Boddy  EWCA Civ 929 - Lediaev v Allen  EWCA Civ 156 - Safeway Stores v Twigger  EWCA Civ 1472 (illegality in competition) - Parkingeye Ltd v Somerfield Stores Ltd  EWCA Civ 1338 (general doctrine of ex turpi causa) - Sibthorpe v Southwark LBC  EWCA Civ 25 (champerty/legal process) - Craig Joseph v Jason Spiller and 1311 Events Ltd  EWCA 1075 (statutory illegality) - Hounga v Allen  EWCA Civ 609 (effect of race discrimination on legal process) - Proactive Sports Management Ltd v Rooney  EWCA Civ 1444 - Gray v Thames Trains  UKHL 33 (consequences of criminal act) - Stone & Rolls v Moore Stephens  UKHL 39 (effects of fraud) - Welwyn v Hatfield BC  UKSC 15 (no benefit from crime) - Granatino v Radmacher  AC 534 (enforceability of pre-nuptial agreements)
Introduction. Part 1 - Contravening the law. Part 2 - Public policy. Part 3 - Restraint of trade. Part 4 - Relief from the consequences. Part 5 - Reform. Part 6 - Cases and comments.
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