The Illegality Defence: A Consultative Report (189)

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9780118404617: The Illegality Defence: A Consultative Report (189)

This Consultation Paper, "The Illegality Defence: A Consultative Report", gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows two earlier consultation papers: "Illegal Transactions the Effect of Illegality on Contracts and Trusts (Consultation Paper 154)" (ISBN 9780117302396) and "The Illegality Defence in Tort: A Consultation Paper (Consultation Paper 160)" (ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defense may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law that is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defense and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here and is in the process of preparing a draft Bill, which will be presented with the final report later this year.

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Great Britain: Law Commission
Published by Stationery Office (2009)
ISBN 10: 011840461X ISBN 13: 9780118404617
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Book Description Stationery Office, 2009. Paperback. Book Condition: Good. Ex Library Book with usual stamps and stickers. Good condition is defined as: a copy that has been read but remains in clean condition. All of the pages are intact and the cover is intact and the spine may show signs of wear. The book may have minor markings which are not specifically mentioned. Most items will be dispatched the same or the next working day. Bookseller Inventory # mon0006047217

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