The illegality defence (House of Commons papers)

 
9780102964554: The illegality defence (House of Commons papers)

This final report concludes a long-running review of the illegality defence, which has considered how the defence applies to the law of contract, unjust enrichment, tort and trusts. The illegality defence arises when the defendant in a private law action argues that the claimant should not be entitled to their normal rights or remedies because they have been involved in illegal conduct which is linked to the claim. If the courts accept the illegality defence, it often involves granting an unjustified windfall to the defendant, who may be equally implicated in the illegality. However, if the courts refuse, they may be seen to be helping a claimant who has behaved illegally. The courts have attempted to set out rules to govern this area, but the rules are complex and confused. The Commission's final recommendations follow the provisional recommendations in a 2009 consultative report (Consultation paper 189, ISBN 9780118404617). In contract, tort and unjust enrichment cases, the courts are showing more willingness to explain the policy reasons that underlie their decisions, and the Commission believes the law should be left to develop through the case law. But in the area of trusts, the Commission recommends a short, targeted bill to amend the law, and a seven clause draft bill is included in the report, along with explanatory notes on the draft bill and an impact assessment.

"synopsis" may belong to another edition of this title.

Top Search Results from the AbeBooks Marketplace

1.

The Law Commission
Published by TSO, United Kingdom (2010)
ISBN 10: 0102964556 ISBN 13: 9780102964554
New Paperback Quantity Available: 1
Seller
The Book Depository
(London, United Kingdom)
Rating
[?]

Book Description TSO, United Kingdom, 2010. Paperback. Book Condition: New. Language: English . Brand New Book. Bookseller Inventory # TS19780102964554

More Information About This Seller | Ask Bookseller a Question

Buy New
26.87
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

2.

Not Available
Published by The Stationery Office/Tso (2010)
ISBN 10: 0102964556 ISBN 13: 9780102964554
New Paperback Quantity Available: 2
Seller
Revaluation Books
(Exeter, United Kingdom)
Rating
[?]

Book Description The Stationery Office/Tso, 2010. Paperback. Book Condition: Brand New. 87 pages. In Stock. Bookseller Inventory # __0102964556

More Information About This Seller | Ask Bookseller a Question

Buy New
24.13
Convert Currency

Add to Basket

Shipping: 6
From United Kingdom to U.S.A.
Destination, Rates & Speeds

3.

The Law Commission
Published by TSO, United Kingdom (2010)
ISBN 10: 0102964556 ISBN 13: 9780102964554
New Paperback Quantity Available: 1
Seller
The Book Depository US
(London, United Kingdom)
Rating
[?]

Book Description TSO, United Kingdom, 2010. Paperback. Book Condition: New. Language: English . Brand New Book. Bookseller Inventory # TS19780102964554

More Information About This Seller | Ask Bookseller a Question

Buy New
31.55
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds