Subject Matter Index
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Attitude of the courts to illegality
Consequences of illegality on a contract
Definition of illegal contract
Effect of a contract tainted by illegality
Exceptions to the rule that money paid in pursuance of an illegal contract cannot be recovered by action
Factors to be considered by the courts in deciding whether or not to enforce an otherwise illegal contract
How illegality may arise
Principles governing the question of illegal contract
The principle that benefits conferred under an illegal contract are not recoverable; exceptions
The purport of the doctrine of illegality of contract
The reasoning behind prohibiting a party from resiling from an agreement under the cloak of illegality
The rule that an action cannot be founded on an illegal contract
The rule that the court will decline to aid a plaintiff to an illegal contract
The rule that the court will not aid parties to an illegal contract
The test for determining whether a contract is illegal on grounds of public policy
When a contract will be said to be against public policy
When a contract will be said to be illegal on grounds of public policy
When is a contract said to be illegal?
When the reliance principle will be applied to reject the defence of illegality
Whether a contract by a District Assembly to purchase sanitation equipment which was not included in the approved budget of the district for the year is an illegal contract
Whether a contract entered into in contravention of Section 42 of the Banking Act 2004 (Act 673) is illegal and unenforceable
Whether a contract entered into in contravention of the single obligor limit is illegal
Whether a contract in violation of a statute can be enforceable
Whether a contract or agreement which is against the provisions of a statute is illegal
Whether a contract to secure the election of a person to a public stool for financial considerations is contrary to public policy
Whether a contract with illegal objects such as the commission of a crime can be enforced by either party
Whether a court can suo motu raise the issue of illegality in a contract
Whether an illegal contract can be enforced by the courts
Whether an illegal contract is enforceable
Whether a party is free to resile from an illegal contract
Whether money paid in pursuance of an illegal contract can be recovered by action
Whether or not every infringement of a statutory provision makes a contract illegal and therefore unenforceable
Whether the court can make an award under an illegal contract
Whether the illegality of a contract is a defence to a restitutionary claim
Whether the issue of illegality of contract can be raised for the first time on appeal
Whether there is a difference between a case where actual money is paid over in pursuance of an illegal transaction and where a right to a debt is promised to be foregone as consideration for the illegal contract
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