The Federation Press

The Rights of Parties to Illegal Transactions

Overview

26 chapters focus on the conflict between the prohibition of illegal contracts on the ground of public policy and the fair, morally just, claims of parties to such contracts which can arise, and on the extraordinary range of judicial solutions to the conflict.

The chapters cover the ambit of the related maxims ex turpi causa and in pari delictu; restitution (8 chapters); enforcement; illegality; and third parties. They conclude with pleadings and practice.

Table of Contents

Introduction
The Concept of Illegality
The Ambit of the Ex Turpi Causa Principle
Relief to a Party to an Illegal Contract: in Pari Delicto
The Ambit of Relief to Parties not in Pari Delicto
Restitution: and Fraud
Restitution: and Oppression and Duress
Restitution and Mistake
Relief Where the Transaction is Illegal
Withdrawal from Illegal Transactions: Locus poenitentiae
Restitution: Stakeholders
Restitution Where the Property is In Medio
Limits to Restitution: Restitutio In Integrim
Relief in Quasi Contract
Enforcement and Mistake
Enforcement: Collateral contracts and warrants
Enforcement: Unilateral illegality
Enforcement: Severance
Illegality and Equity
Third Parties
Illegality and Partnerships
Illegality and Agency
Illegal Associations
The Rights of Parties to Transactions Affected by a
Change in Legal Circumstances before Completion
Illegality and the Transfer of Property
Pleading and Practice

Table of Cases
Table of Statutes
References
Index

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