In re Mahmoud and Ispahani: CA 1921

Scrutton LJ said: ‘In my view the court is bound, once it knows that the contract is illegal, to take the objection and to refuse to enforce the contract, whether its knowledge comes from the statement of the party who was guilty of the illegality, or whether its knowledge comes from outside sources. The court does not sit to enforce illegal contracts. There is no question of estoppel; it is for the protection of the public that the court refuses to enforce such a contract’.

Judges:

Scrutton LJ

Citations:

[1921] 2 KB 716

Contract

Updated: 11 May 2022; Ref: scu.553660