Illegality

Question 1

What test to consider whether illegality voids the contract?

Answer 1

“whether allowing recovery for something which was illegal would produce inconsistency and disharmony in the law, and so cause damage to the integrity of the legal system.”

Question 2

Is there a remedy if the deal/contract itself is illegal?

Answer 2

NO

Question 3

Necessary conditions to establish illegality

Answer 3

(1) to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim,
(2) to consider any other relevant public policy on which the denial of the claim may have an impact and
(3) to consider whether denial of a claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts.”