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WEEK 8: LEGALITY OF OBJECT * prohibited by statute or the common law. * Legal maxim - "ex turpi causa non oritur actio" = "no action arises from a base cause." * Lord Mansfield in Holman v Johnson (1775) 1 Cowp 341 at 343; 98 ER 1120 (at 1121): "The principle of public policy is this...No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act...If...the cause of action appears to arise ex turpi causa, or [in] the transgression of a positive law of this country, there the court says he has no right to be assisted." * Contrary to public policy Categories of illegality * Four categories of contracts rendered illegal or void: o Contracts rendered illegal by statute; o Contracts rendered void by statute; o Contracts rendered illegal at common law; and o Contracts rendered void at common law. - unenforceable at law STATUTE Express prohibition=...

