In this chapter we turn to consider substantive limitations upon the enforceability of contracts. As a general rule the courts will not enforce a contract which is illegal or which is otherwise contrary to public policy. Nor, as a general rule, will they permit the recovery of benefits conferred under such a contract. It may seem perfectly sensible and just for the courts to refuse their assistance to a party to a transaction which is illegal or contrary to public policy. But the picture is more complex than would at first sight appear.
Unable to display preview. Download preview PDF.