Topic 7 - Illegality

Question 1

What is the general rule in English law regarding contracts to perform illegal acts prior to Patel v Mirza?

Answer 1

Such contracts would be declared void and unenforceable.

This principle was established before the Supreme Court’s decision in Patel v Mirza [2016] UKSC 42.

Question 2

What approach does the court adopt post-Patel v Mirza regarding illegality in contracts?

Answer 2

A discretionary approach applying principles of public policy and proportionality.

This marks a significant shift from the previous general rule.

Question 3

What key question did the Supreme Court identify to determine the application of illegality?

Answer 3

Whether allowing recovery for something illegal would produce inconsistency and disharmony in the law.

This question addresses the integrity of the legal system.

Question 4

List the ‘trio of necessary conditions’ identified by the Supreme Court in Patel v Mirza.

Answer 4

• Consider the underlying purpose of the prohibition transgressed
• Consider any other relevant public policy impacted by denial of the claim
• Consider whether denial of the claim is a proportionate response to the illegality

These conditions guide the court’s discretion in cases involving illegality.

Question 5

Fill in the blank: The underlying purpose of the prohibition in a case of illegality must be considered to determine if _______ enhances the purpose.

Answer 5

[denial of the claim]

This is one of the trio of necessary conditions for assessing claims involving illegality.

Question 6

True or False: The Supreme Court in Patel v Mirza held that punishment for illegal acts is solely a matter for civil courts.

Answer 6

False.

Punishment is a matter for the criminal courts.