Illegality Flashcards
1
Q
What are the Court’s Criteria for Barring a Claim involving Illegality?
A
Purpose of the Prohibition:
- It will evaluate the extent to which allowing the Claim will undermine the Prohibition’s Purpose.
Public Policy Impact:
- It will evaluate the extent to which denying the Claim, thus reinforcing the Law’s Purpose, is outweighed by any Public Policy implications.
Proportionality:
- It will evaluate whether denial is a proportioante response to the Illegality committed; particularly if
- The Remedy sought is reasonable and Illegality is the sole basis for denial.
