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Part IV Validity, 20 Illegality and Immorality

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 May 2024

Illegality and contract — Performance of contract — Validity of contract
20.01 As Zweigert and Kötz observe, every legal system claims the right to declare a contract void if it is legally or morally offensive.1 Legal systems have traditionally done this principally to protect societal and political interests, and as a result contracts were considered to be an absolute nullity. However, in more recent times perhaps tied to a greater liberalization of societal views, there has been a change in emphasis. This change has resulted in a more nuanced approach such that now it is recognized that it is often only one party to the transaction...
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