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Words: | Submitted: Mon Sep 24 2007
... not...buy or sell or otherwise deal in [linseed oil] except under license." - the buyer had no licence and therefore the contract was illegal Implied Prohibition= - the courts must look at parliament's aim - the courts are generally reluctant to find a contract illegal or unenforceable as they feel that if the parliament wants to out-rule certain behaviour and the contracts that involve it they would do so expressly- Nelson v Nelson per McHugh J (eg) a statute may only prohibit behaviour and not contracts that could involve that behaviour- Learoyd v Bracken; Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd - courts need to see whether parliament did intend to prohibit contracts involving such conduct - when a statute protects public policy, it is likely that the parliamentary intention will be to prohibit the behaviour and also any contract that involve such behaviour (eg) Cope v Rowlands - the plaintiff an unlicensed ...
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