C3

Question 1

What are the effects of illegality of a contract?

Answer 1

An illegal contract is generally void - therefore it cannot be enforced. therefore moneys or goods delivered under it cannot usually be recovered in court. (in a contract which is not illegal, the person would generally be able to recover this.

Question 2

what is the ‘pari delicto potior est defendentis’?

Answer 2

where there is equal wrong doing the position of the defendant is stronger - this rule comes into play where money or goods have been exchanged under a contract the position of the defendant is stronger as the claimant who seeks the help of the court is denied.

Question 3

In what kind of agreement is proof of intention to be a Legally binding contract unnecessary and why

Answer 3

In the case of non consumer contracts, the proof of intention for the contract to be legally binding is Unnecessary as contractual intention is presumed at this point

Question 4

When may an agreement not be presumed to be intended to be legally binding?

Answer 4

If it is expressly stated in the agreement
- In social arrangements (not non consumer) and day to say family matters are not intended to have legal consequences . Domestic arrangements are not legally binding unless very strong evidence or contractual obligation is found. No