Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction?
Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct.
The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.
Table of Contents
Part 1 The Defence Of Illegality Chapter 1. Contract Chapter 2. Restitution Chapter 3. Tort Chapter 4. Title Claims - Legal Title Chapter 5. Title Claims - Equitable Title Chapter 6. Title Claims -Purchaser For Value. Part 2 The Forfeiture Rule Chapter 7 Introduction Chapter 8. Benefits Acquired From Crime Chapter 9. Benefits Acquired Through A Breach Of Fiduciary Rule Chapter 10. Benefits Acquired From A Breach Of Confidence Chapter 11. Benefits Acquired Through A Tort; Benefits Acquired Through A Breach Of Contract. Part 3 General Exceptions Chapter 12. Introduction Chapter 13. Claimant Is Innocent Chapter 14. Claimant Is Not In Pari Delicto Chapter 15. Where The Illegality Is Only A Minor Transgression Chapter 17. Damages For Fraud, Breach Of Warranty Or Negligence Chapter 18. Locus Poenitentiae; Severance Chapter 19. Policy Of The Invalidating Rule Chapter 20. Non Exceptions.
Professor Nelson Enonchong is the Barber Professor of Law at Birmingham Law School, University of Birmingham.