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5 Cards in this Set

  • Front
  • Back

condictio ob turpem vel injustam causam

effect of illegality contract after performed

4 requirements

deliberate conferral receipt




no morally reprehensible in pursure




if morally bad then depends on degree




this is assessed by pari tutpitudine, when both parties in fault possessor is stronger

what if parties equally at fault

no recovery

Condictio sine Causa, residual category, lack of error case

Guaranty v Lothian regional council,




no error, but transfer made under compulsion

main case, tax demand

woolwich v inland revenue, legality of tax demand challenged