Burrows v Rhodes: 22 Mar 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, [1899] UKLawRpKQB 60




Foreign Enlistment Act 1870 11


England and Wales

Cited by:

CitedLane 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 . .
CitedLes 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 . .
CitedPatel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.

Negligence, Torts – Other

Updated: 02 May 2022; Ref: scu.258461