Nathan Tamblyn, ‘The Defence of Illegality in Private Law’

The defence of illegality is invoked across private law, but has a reputation for being confused. This article argues that the defence can be rendered intelligible and sharply focused by understanding its underlying rationale, and applying that discretely and to different effect in each of tort, contract, unjust enrichment, and trusts.

Nathan Tamblyn, The Defence of Illegality in Private Law, Liverpool Law Review (2021). Published: 6 October 2021.

First posted 2021-10-09 09:00:01

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