Question 1

Which of the following cases is authority for the rule that money paid for an illegal promise cannot be recovered?

Accepted Answer

A)   Padua v College of Ambulance
B)   Partington v College of Ambulance
C)   Parker v College of Ambulance
D)   Parkinson v College of AmbulanceE) All of the above
F) A) and B)

Question 2

What would likely be the validity of a contract that committed one or more parties to it to committing a statutory tort?

Accepted Answer

The validity of a contract that commits ...

Question 3

A contract that is 'contrary to statute' is unenforceable even if it is in all other respects a properly constituted contract?

Accepted Answer

A) True 
 B)False

Question 4

Explain the concept of locus poenitentiae in the context of contractual illegality.

Accepted Answer

The concept of locus poenitentiae in the...

Question 5

Is it right that the law should accept that a party can be indemnifed for an act of negligence but not in respect of most other tortious acts?

Accepted Answer

The question of whether the law should a...

Question 6

Any contract made with a prostitute is illegal.

Accepted Answer

A) True 
 B)False

Question 7

A contract to indemnify a party against the commission of which of the following offences would be valid?

Accepted Answer

A)   Speeding
B)   Taking a motor vehicle without consent
C)   Driving without insurance
D)   Driving without due care and attentionE) A) and D)
F) A) and C)

Question 8

Will property that has passed under an illegal contract be recoverable?

Accepted Answer

A)   No
B)   Yes
C)   It depends on the circumstances
D)   It depends on the nature of the illegalityE) A) and B)
F) None of the above D

Question 9

In the case of Re Mahmoud and Ispahani (1921)  the contract was illegal because:

Accepted Answer

A)   It was an immoral contract
B)   It was a contract to commit a tort
C)   Its performance was contrary to statute
D)   It was a contract to receive payment for arranging a marriageE) B) and C)
F) All of the above

Question 10

In which case did the Court of Appeal uphold a decision that a contract for advertisements for sex lines was not illegal?

Accepted Answer

A)   Pearce v Brooks (1866) 
B)   Armhouse Lee Ltd v Chappel (1996) 
C)   C. Baker v Jones (1954) 
D)   D. Hermann v Charlesworth (1905) E) C) and D)
F) B) and C)

Question 11

Why might the consequences of the doctrine of contractual illegality be a potentially potent in some situations?

Accepted Answer

The doctrine of contractual illegality c...

Question 12

An agreement to commit a crime amounts to the offence of conspiracy?

Accepted Answer

A) True 
 B)False  True

Question 13

What test did Devlin J lay down in his judgment in St John Shipping Corp v Joseph Rank Ltd? How useful is this test?

Accepted Answer

In his judgment in <em class="italic">St...

Question 14

The case of Parkinson v College of Ambulance Ltd (1925)  concerned an illegal contract:

Accepted Answer

A)   Contrary to public policy
B)   To commit a crime
C)   To commit a tort
D)   Neither of the above, the contract was held to be validE) B) and C)
F) A) and B)

Question 15

Property may be recovered under an illegal contract in which situations?

Accepted Answer

A)   Where there has been substantial performance of the contract
B)   Where the illegal purpose has not been carried out
C)   Where one party entered into the contract as a result of the others fraudulent misrepresentation
D)   There cannot be any recovery of propertyE) None of the above
F) B) and C)

Question 16

A contract to indemnify a party for the commission of strict liability offences could be held valid?

Accepted Answer

A) True 
 B)False  True

Question 17

In Tinsley v Milligan why was Milligan ultimately successful in claiming a share of the property?

Accepted Answer

In the case of *Tinsley v Milligan*, Mil...

Question 18

Contracts that constitute a criminal offence are:

Accepted Answer

A)   Always illegal and unenforceable
B)   Sometimes unenforceable depending on the nature of the crime
C)   Only illegal if the defendant is prosecuted
D)   Usually enforceable if not reportedE) A) and C)
F) None of the above

Question 19

Even if neither party to a contract pleads its illegality, the law will not offer any remedy to facilitate its enforcement?

Accepted Answer

A) True 
 B)False

Question 20

A contract in restraint of trade

Accepted Answer

A)   Is never reasonable and is always void
B)   Is enforceable if the person wishing to impose the restriction can show that it is a reasonable means of protecting a legitimate interest
C)   Is only enforceable after the expiry of a three month period after an employee has left a company
D)   Is always enforceable where the employee has signed the agreementE) B) and C)
F) A) and D)

Exam 12: Illegality and Public Policy

Which of the following cases is authority for the rule that money paid for an illegal promise cannot be recovered?

Correct AnswerverifiedShow Answer

What would likely be the validity of a contract that committed one or more parties to it to committing a statutory tort?

Correct AnswerAnswered by ExamLex AIThe validity of a contract that commits ...View AnswerShow Answer

A contract that is 'contrary to statute' is unenforceable even if it is in all other respects a properly constituted contract?

Correct AnswerverifiedShow Answer

Explain the concept of locus poenitentiae in the context of contractual illegality.

Correct AnswerAnswered by ExamLex AIThe concept of locus poenitentiae in the...View AnswerShow Answer

Is it right that the law should accept that a party can be indemnifed for an act of negligence but not in respect of most other tortious acts?

Correct AnswerAnswered by ExamLex AIThe question of whether the law should a...View AnswerShow Answer

Any contract made with a prostitute is illegal.

Correct AnswerverifiedShow Answer

A contract to indemnify a party against the commission of which of the following offences would be valid?

Correct AnswerverifiedShow Answer

Will property that has passed under an illegal contract be recoverable?

Correct AnswerverifiedD

In the case of Re Mahmoud and Ispahani (1921) the contract was illegal because:

Correct AnswerverifiedShow Answer

In which case did the Court of Appeal uphold a decision that a contract for advertisements for sex lines was not illegal?

Correct AnswerverifiedShow Answer

Why might the consequences of the doctrine of contractual illegality be a potentially potent in some situations?

Correct AnswerAnswered by ExamLex AIThe doctrine of contractual illegality c...View AnswerShow Answer

An agreement to commit a crime amounts to the offence of conspiracy?

Correct AnswerverifiedTrue

What test did Devlin J lay down in his judgment in St John Shipping Corp v Joseph Rank Ltd? How useful is this test?

Correct AnswerAnswered by ExamLex AIIn his judgment in St...View AnswerShow Answer

The case of Parkinson v College of Ambulance Ltd (1925) concerned an illegal contract:

Correct AnswerverifiedShow Answer

Property may be recovered under an illegal contract in which situations?

Correct AnswerverifiedShow Answer

A contract to indemnify a party for the commission of strict liability offences could be held valid?

Correct AnswerverifiedTrue

In Tinsley v Milligan why was Milligan ultimately successful in claiming a share of the property?

Correct AnswerAnswered by ExamLex AIIn the case of *Tinsley v Milligan*, Mil...View AnswerShow Answer

Contracts that constitute a criminal offence are:

Correct AnswerverifiedShow Answer

Even if neither party to a contract pleads its illegality, the law will not offer any remedy to facilitate its enforcement?

Correct AnswerverifiedShow Answer

A contract in restraint of trade

Correct AnswerverifiedShow Answer

Correct Answer
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Answered by ExamLex AI
The validity of a contract that commits ...
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Answered by ExamLex AI
The concept of locus poenitentiae in the...
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Answered by ExamLex AI
The question of whether the law should a...
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D

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Answered by ExamLex AI
The doctrine of contractual illegality c...
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True

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Answered by ExamLex AI
In his judgment in St...
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True

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Answered by ExamLex AI
In the case of Tinsley v Milligan, Mil...
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