Illegality and Public Policy (3rd Ed)

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.

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
Opening chapters cover the distinction between ‘statutory illegality’ and illegality derived purely from common law, the need to distinguish between an agreement, and the surrounding circumstances, when ascribing degrees of responsibility for any illegality to the parties involved, and the relationship between criminal law and civil law
Considers the nature and scope of the doctrine of ‘Public Policy’, looking at such matters as contracts affected by fraud or corruption, issues relating to the integrity of the legal process and the application of public policy to cases with an international dimension
Highlights potential original arguments for challenging and examining contracts
Analyses the difficult topic of the statutory prohibition of Contracts
Considers the effect of criminal activity under the enforceability of a contract
Deals at length with the topic of the restraint of Trade
Covers illegality as it relates to employment law
Examines relief from the consequences of illegality
Includes hypothetical but very practical examples which ground an otherwise elusive subject within practical experience
Explores Commonwealth Case Law suggesting new possible solutions in matters of illegality
Examines in detail the Law Com 320 report by the Law commission regarding the Illegality defence
Looks afresh at the new statute dealing with forfeiture – The Estate of Dead Persons Act 2011