ABSTRACT
INTRODUCTION The vitiating factor that is considered in this chapter is ‘illegality’. There is a variety of ways in which a contract can be deemed to be ‘illegal’ and thus unenforceable. In this chapter, Question 32 deals with the illegal performance of employment contracts, and the first part of Question 33 with the effects of illegality. The second parts of Question 33 and Question 34 both deal with aspects of the restraint of trade doctrine.
