ABSTRACT
Introduction The vitiating factor which is considered in this chapter is ‘illegality’. Although there are a variety of ways in which a contract can be deemed to be ‘illegal’ and thus unenforceable, modern contract courses tend to focus on the issue of ‘restraint of trade’. This is reflected in the balance of the questions in this chapter. Part of Question 32 deals with ‘immoral’ contracts, and the first part of Question 33 with the effects of illegality, but the rest of the questions deal with various aspects of the restraint of trade doctrine.
