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Illegality and void - Coggle Diagram
Illegality and void
consequences
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can avoid tain by saying illegal transaction not connected to transaction looking to enforce Bathurst
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contracts that are void
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in restraint of trade
Esso Petroloeum v Harpers Garage does it go further to provide adequate protection, is it contrary to public interest
Net affinitiy - non compete clause void and uneforrcable - (not able to approach clients for 12 months) any restraint o trade needs to be narrow and only protect legitimate interests (this one no geographcial limit)
Levinwick v Hollingsworth - clause preventing work in similar business within 2 miles for 12 months or soliciting customers - unenforcable
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illegal under statute
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by implication
Archbolds v Spanglett innocent 3rd party shouldn't be harmed by one party breaching statute and using it as a defence
St John Shipping legislation on how much weight to be carried, breached, can't have every small breach make contract illegal - especially if not intended to be broken
Quinn v Irish Bank Resolution quinn family says illegal loans due to illegal purpose - court don't want a bright line rule and risk injustice - relevant consequences - is contract carrying out the act legislation was meant to prevent, does it apply to both parties equally - would imposition of voidness be disproportional to seriousness of unlawful contract
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breach of foreign law
Stanhope v Hospitals Ltd - plaintiff in Natal, where sweepstakes illegal, draw in Dublin, contract valid as performedi n Dublin
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