Claims are not possible in contract law if a contract was illegal at formation (ie when it was drawn up) – or is illegal in its performance (ie an illegal act is committed in carrying out the contract).
Illegality can apply to any type of contract covering any area of the law, such as employment law – and it is crucial to seek legal advice as soon as it illegality is evident or there is a possibility a contract may be illegal.
If a contract is deemed illegal at formation, it cannot be enforced and therefore neither party will have any rights under the contract. This means it would not be possible for one party to bring a claim against the other in the event of a grievance or loss.
Where a contract is illegal in its performance by one or more parties, in any dispute over the contract where a claim might arise, all rights under the contract will be withheld from the party who has committed the illegal act.
However, the law allows judges to consider each case of illegality on the individual facts of the case and the applicable law relating to the specific contract – and in some cases, illegality may not be a barrier to enforcing a contract if it is deemed the illegality is a separate matter from the contract, or can be corrected.
Duncan Lewis litigation solicitors can call on the expertise of in house experts who cover most areas of law, including contract law, commercial law, property law, employment law, immigration law, family law, criminal law, mental health law and personal injury/clinical negligence law – any of which might be relevant to contract law and illegality.
Our expert contract law solicitors are also able to obtain the opinions of some of the country’s leading barristers – and have considerable expertise in defending cases involving illegality.
For expert legal advice on contract law and Illegality, call Duncan Lewis Litigation Solicitors on 0333 772 0409.