contract illegality and misrepresentation
OPTIONAL QUESTION:
Advise:
(A) Mr. Neft given that Mr Browne has failed to appoint him to Chief of Police.
The first issue is whether the contract between John Browne and Mr. Neft was illegal by common law. At common law an illegal contract is determined based on public policy and results in the contract being unenforceable. In the case of Enderby Town FC Ltd v Football Association, Lord Denning referred to public policy as an ‘unruly horse’, due to its broad character and its subjectivity to the changing morality of a society. Denning believed however, that it could be steered to the side of justice if a good man was in the saddle. Thus, Somervell LJ in Goodinson v Goodinson established seven ways in which a contract is render illegal of which the consequence is void ab intio, that is treated as though it never existed. One such contract is where there is prejudice in the administration of justice. In the case of Egerton v Brownlow Lord Lyndhurst laid down the principle that any contract having the tendency however slight to affect the administration of justice is illegal and void. Lord Denning further expressed in Showmen’s of Great Britain, that where parties agree to take the law out of the hands of the courts and into the hands of a private individual without recourse to the courts, then the agreement is to that extent, contrary to public policy and therefore void ab intio. On the facts of Kier v Leeman, where an attempt was made to compromise criminal proceedings in an action ensuing from a riot it was held to be illegal. Of such the fact that Mr. Browne and Mr. Neft contracted to drop the drug charges without any recourse before the court the contract thus attempting to prejudice the administration of justice the contract is illegal and thus unenforceable.
[6/10]
The second issue is having considered that the contract is illegal whether Mr. Neft may claim damages. The general principle is ex turpi causa non oritur actio meaning the court will not
Advise:
(A) Mr. Neft given that Mr Browne has failed to appoint him to Chief of Police.
The first issue is whether the contract between John Browne and Mr. Neft was illegal by common law. At common law an illegal contract is determined based on public policy and results in the contract being unenforceable. In the case of Enderby Town FC Ltd v Football Association, Lord Denning referred to public policy as an ‘unruly horse’, due to its broad character and its subjectivity to the changing morality of a society. Denning believed however, that it could be steered to the side of justice if a good man was in the saddle. Thus, Somervell LJ in Goodinson v Goodinson established seven ways in which a contract is render illegal of which the consequence is void ab intio, that is treated as though it never existed. One such contract is where there is prejudice in the administration of justice. In the case of Egerton v Brownlow Lord Lyndhurst laid down the principle that any contract having the tendency however slight to affect the administration of justice is illegal and void. Lord Denning further expressed in Showmen’s of Great Britain, that where parties agree to take the law out of the hands of the courts and into the hands of a private individual without recourse to the courts, then the agreement is to that extent, contrary to public policy and therefore void ab intio. On the facts of Kier v Leeman, where an attempt was made to compromise criminal proceedings in an action ensuing from a riot it was held to be illegal. Of such the fact that Mr. Browne and Mr. Neft contracted to drop the drug charges without any recourse before the court the contract thus attempting to prejudice the administration of justice the contract is illegal and thus unenforceable.
[6/10]
The second issue is having considered that the contract is illegal whether Mr. Neft may claim damages. The general principle is ex turpi causa non oritur actio meaning the court will not