Zhong Xing Tan, ‘Illegality and the promise of universality’

ABSTRACT
Reviews the universal ‘range of factors’ approach towards the illegality doctrine in Patel v Mirza (SC) and whether it has been followed in subsequent cases. Examines its application in the context of contract law and performance, tortious claims, unjust enrichment and cases involving property and trusts. Evaluates claims that the approach is inconsistent, is too discretionary and overreaches itself, and suggests why its universality is feasible.

€ (Westlaw)

Zhong Xing Tan, ‘Illegality and the promise of universality’ [2020] (6) Journal of Business Law 428-450.

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