Principle

CONTRACT LAW — Illegality — Raising Defence of Illegality — Pleading Requirement Distinguished

Area of law
CONTRACT LAW
Court
Supreme Court

Illegality apparent on the face of a contract need not be pleaded; the court can notice it. Illegality depending on extrinsic facts must be specifically pleaded. The principle applies to contract law and civil procedure. The rule ensures fair notice when illegality is not obvious.…

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