ABSTRACT

Part (a) If the courts have found that a contract is unenforceable because it is illegal, they are reluctant to allow it to be used in any way as the basis of a legal action. The basic rule, therefore, is that money or property transferred under an illegal contract cannot be recovered.1 A good example of this principle in operation is Parkinson v College of Ambulance (1925). The plaintiff had made a contribution to a charity on the basis that he would get a knighthood in return. When no such honour was forthcoming, the plaintiff brought an action to recover his contribution. It was held that a contract to purchase a title is illegal and the plaintiff knew this. He could not therefore recover his money.