Wednesday, 20 August 2014

Law of Contracts – The Defence of Illegality

The Hon’ble Supreme Court of United Kingdom in Hounga Vs Allen and another had to decide as to whether the defence of illegality could defeat the claim the complaint preferred by the Complainant. In the case on hand, one ‘X’, a Nigerian national was brought in to United Kingdom by ‘Y’ on the pretext that she would sent to school, however, she was made to do household work, discriminated and sent out of the house by ‘Y’. ‘X’ filed complainant against ‘Y’ seeking damages for racial discrimination. ‘Y’ contented the contract between ‘X’ and ‘Y’ is an illegal contract, therefore, the complaint is bad per se. The Hon’ble Supreme Court held in favour of ‘X’ rejecting the contention of ‘Y’. 

A click on the decision will take you the judgement page.    

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