THE EFFECT OF ILLEGALITY IN THE LAW OF CONTRACT: SUGGESTIONS FOR REFORM
AbstractThis article considers the circumstances under which a contract will be found illegal based on abuse of public policy, infringement of good morals or violation of legislative policy. It also explores the confusion stemming from various tests for judicial determination of the effect of illegality, and the question of whether judges should use their discretion or adhere to strict legal rules when evaluating public policies. It contrasts the strengths and weaknesses of Canadian common law approaches with the South African system, in an attempt to highlight the value of each approach.
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