The court must not permit itself to be the instrument by which an illegal contract is enforced. Points such as to illegality should be taken by the court irrespective of the wishes of the parties; and if not taken by the judge at trial, should be taken of its own initiative by an appellate court.
Citations:
[1964] 2 QB 203
Jurisdiction:
England and Wales
Cited by:
Cited – Collier v Collier CA 30-Jul-2002
Fraudulent Intent Negated Trust
The daughter claimant sought possession of business premises from her father who held them under leases. He claimed an order that the property was held in trust for him. The judge that at the time the properties were conveyed, the father had been . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 20 August 2022; Ref: scu.236577