Theme 3 PT3 PT2

Question 1

Rule based on public policy considerations:

Answer 1

1) Court must not assist those who approach it with ‘unclean hands’

2) Unlawful contracts should be discouraged

Question 2

Rule can be relaxed due to public policy
considerations

Answer 2

e.g. if the rule indirectly enforces
an illegal contract, Defendant will be enriched at the expense of the plaintiff,

Question 3

llegal contracts that are ‘valid’ but
unenforceable

Answer 3

Wagering and Gambling contracts
❑NB: Agreements in restraint of trade.
❖ What is a Restraint of trade.
❖ What are its implications.
❖ When is it permissible and when is it
not.