Burrows v Rhodes: 1899

The plaintiff was induced to enlist in the Jameson Raid of 1895, contrary to section 11 of the Foreign Enlistment Act 1870, by the defendants’ fraudulent representation that it had the sanction of the Crown (which would have made it lawful). Kennedy J held that no claim for damages could be founded on an act ‘if the act is manifestly unlawful or the doer of it knows it to be unlawful as constituting either a civil wrong or a criminal offence.’
Kennedy J
[1899] 1 QB 816
Foreign Enlistment Act 1870 11
Cited by:

  • Cited – Lane v Holloway CA 30-Jun-1967
    In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of . .
    [1967] 3 All ER 129, [1968] 1 QB 379
  • Cited – Les Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
    Ex turpi causa explained
    The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
    [2014] UKSC 55, [2015] 1 AC 430, [2014] WLR(D) 452, [2014] BUS LR 1217, [2014] 3 WLR 1257, UKSC 2012/0158, [2015] 1 All ER 671, [2015] RPC 10

These lists may be incomplete.
Updated: 05 December 2020; Ref: scu.258461