Sellers of artificial fertilisers were required by law to include in their invoices details of the mixes used. The claimant seller sought payment under an invoice which failed to include the relevant information.
Held: The contract was valid when formed, but became unlawful in its performance. A party involved in such illegality could not claim under it: ‘When the policy of the Act in question is to protect the general public or a class of persons by requiring that a contract shall be accompanied by certain formalities or conditions, and a penalty is imposed on the person omitting those formalities or conditions, the contract and its performance without those formalities is illegal, and cannot be sued upon by the party liable to the penalties’
Judges:
Scrutton LJ
Citations:
[1924] 1 KB 138
Jurisdiction:
England and Wales
Cited by:
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 09 May 2022; Ref: scu.222037
