Jenkins J considered tha illegal performance of a valid contract saying: ‘It is plain from Anderson Ltd. v. Daniel that illegality in the performance of a contract may avoid it although the contract was not illegal an initio. That being so, one has to consider whether the mode in which the contract was performed or purported to be performed, in this way suffice to turn it into an illegal contract.’
Judges:
Jenkins LJ
Citations:
[1952] 1 All ER 909
Jurisdiction:
England and Wales
Cited by:
Cited – Colen and Another v Cebrian (UK) Limited CA 20-Nov-2003
The company paid the claimant sales commission. Part was diverted and paid to his wife to reduce the tax payable. The employer had appealed a finding of unfair disamissal, the company arguing that the contract was illegal.
Held: The contract . .
Cited – Parkingeye Ltd v Somerfield Stores Ltd CA 17-Oct-2012
The claimant company operated parking management for the defendant, charging customers for overparking. The defendant came to believe that the claimant’s behaviour was over-aggressive, and the use of falsehoods, and terminated the contract. The . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 15 May 2022; Ref: scu.536186
