ABSTRACT
This chapter and the next two (‘Agreements contrary to public policy’ and ‘Contracts restricting competition’) are, like the previous two, concerned with situations where the courts will intervene to prevent the enforcement of an agreement which on its face has all the characteristics of a binding contract. All three are often put under the general heading ‘illegality;1 they might also be grouped as ‘contracts contrary to public policy’.2 There are, therefore, links between all three areas. It is felt, however, that they are sufficiently distinct to warrant treatment in separate chapters. There will inevitably be overlaps, and some need to cross-refer, particularly in relation to remedies. The division is simply intended to clarify the discussion of the three areas; it should not be regarded as necessarily reflecting a rigid separation adopted by the courts, or as a denial that there may be significant conceptual links between the various topics.
